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The 



NORTH CAROLINA 

REGISTER 



IN THIS ISSUE 



IN ADDITION 

Voting Rights Act 



PROPOSED RULES 
Commerce 

Environment, Health, and Natural Resources 
Human Resources 
Justice 
Labor 
Transportation 



B 



TITU 

tiohI 



LIST OF RULES CODHTED 



RRC OBJECTIONS 



CONTESTED CASE DECISIONS 



ISSUE DATE: December 15, 1994 




Volume 9 • Issue 18 • Pages 1393 - 1512 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE 



NORTH CAROLINA REGISTER 

The North Carolina Register is published twice a month and 
contains information relating to agency, executive, legislative and 
judicial actions required by or affecting Chapter 150B of the General 
Statutes. All proposed administrative rules and notices of public 
hearings filed under G.S. 1 50B-21 .2 must be published in the Register. 
The Register will typically comprise approximately fifty pages per 
issue of legal text. 

State law requires that a copy of each issue be provided free of 
charge to each county in the state and to various state officials and 
institutions. 

The North Carolina Register is available by yearly subscription at 
a cost of one hundred and five dollars ($105.00) for 24 issues. 
Individual issues may be purchased for eight dollars ($8.00). 

Requests for subscription to the North Carolina Register should be 
directed to the Office of Administrative Hearings, P. O. Drawer 27447, 
Raleigh, N.C. 27611-7447. 

ADOPTION, AMENDMENT, AND REPEAL OF 
RULES 

The following is a generalized statement of the procedures to be 
followed for an agency to adopt, amend, or repeal a rule. For the 
specific statutory authority, please consult Article 2A of Chapter 1 50B 
of the General Statutes. 

Any agency intending to adopt, amend, or repeal a rule must first 
publish notice of the proposed action in the North Carolina Register. 
The notice must include the time and place of the public hearing (or 
instructions on how a member of the public may request a hearing); a 
statement of procedure for public comments; the text of the proposed 
rule or the statement of subject matter; the reason for the proposed 
action; a reference to the statutory authority for the action and the 
proposed effective date. 

Unless a specific statute provides otherwise, at least 15 days must 
elapse following publication of the notice in the North Carolina 
Registerbefore the agency may conduct the public hearing and at least 
30 days must elapse before the agency can take action on the proposed 
rule. An agency may not adopt a rule that differs substantially from the 
proposed form published as part of the public notice, until the adopted 
version has been published in the North Carolina Register for an 
additional 30 day comment period. 

When final action is taken, the promulgating agency must file the 
rule with the Rules Review Commission (RRC). After approval by 
RRC, the adopted rule is filed with the Office of Administrative 
Hearings (OAH). 

A rule or amended rule generally becomes effective 5 business 
days after the rule is filed with the Office of Administrative Hearings 
for publication in the North Carolina Administrative Code (NCAC). 

Proposed action on rules may be withdrawn by the promulgating 
agency at any time before final action is taken by the agency or before 
filing with OAH for publication in the NCAC. 



TEMPORARY RULES 

Under certain emergency conditions, agencies may issue tem 
rary rules. Within 24 hours of submission to OAH, the Codifie 
Rules must review the agency's written statement of findings of n 
for the temporary rule pursuant to the provisions in G.S. 150B-21. 
the Codifier determines that the findings meet the criteria in C 
150B-21.1, the rule is entered into the NCAC. If the Codi 
determines that the findings do not meet the criteria, the rule is retur 
to the agency. The agency may supplement its findings and resub 
the temporary rule for an additional review or the agency may respi 
that it will remain with its initial position. The Codifier, thereafter, 
enter the rule into the NCAC. A temporary rule becomes effec 
either when the Codifier of Rules enters the rule in the Code or on 
sixth business day after the agency resubmits the rule without chan 
The temporary rule is in effect for the period specified in the rule or 
days, whichever is less. An agency adopting a temporary rule rr 
begin rule-making procedures on the permanent rule at the same ti 
the temporary rule is filed with the Codifier. 

NORTH CAROLINA ADMINISTRATIVE CODE 

The North Carolina Administrative Code (NCAC) is a compilat 
and index of the administrative rules of 25 state agencies and 
occupational licensing boards. The NCAC comprises approximati 
1 5,000 letter size, single spaced pages of material of which appro 
mately 35% is changed annually. Compilation and publication of 
NCAC is mandated by G.S. 150B-21.18. 

The Code is divided into Titles and Chapters. Each state agencj 
assigned a separate title which is further broken down by chapti 
Title 21 is designated for occupational licensing boards. 

The NCAC is available in two formats. 

(1) Single pages may be obtained at a minimum cost of r 
dollars and 50 cents ($2.50) for 10 pages or less, plus fifte 
cents ($0.15) per each additional page. 

(2) The full publication consists of 53 volumes, totaling 
excess of 15,000 pages. It is supplemented monthly w 
replacement pages. A one year subscription to the f 
publication including supplements can be purchased i 
seven hundred and fifty dollars ($750.00). Individual v 
umes may also be purchased with supplement service. F 
newal subscriptions for supplements to the initial publicati 
are available. 

Requests for pages of rules or volumes of the NCAC should 
directed to the Office of Administrative Hearings. 

CITATION TO THE NORTH CAROLINA 
REGISTER 

The North Carolina Register is cited by volume, issue, pa 
number and date. 1:1 NCR 101-201, April 1, 1986 refers to Volui 
1, Issue 1, pages 101 through 201 oftheNorthCarolinaRegisterissu 
on April 1,1986. 



FOR INFORMATION CONTACT: Office of Administra- 
tive Hearings, ATTN: Rules Division, P.O. Drawer 27447, 
Raleigh, North Carolina 2761 1-7447, (919) 733-2678. 



NORTH 
CAROLINA 
REGISTER 




Office of Administrative Hearings 

P. O. Drawer 27447 

Raleigh, North Carolina 27611-7447 

(919) 733-2678 



ISSUE CONTENTS 



IN ADDITION 

Voting Rights Act 



1393 



II. PROPOSED RULES 
Commerce 

Community Assistance 1394 

Environment, Health, and 
Natural Resources 

Coastal Management 1427 

Environmental Management .... 1405 
Wildlife Resources 1427 

Justice 
Private Protective Services 1400 

Labor 
OSHA 1401 

Transportation 
Administration, Director of .... 1478 



in. LIST OF RULES CODIFIED 



1480 



Julian Mann III, 

Director 
James R. Scarcella Sr., 

Deputy Director 
Molly Masich, 

Director ofAPA Services 



Staff: 

Ruby Creech, 

Publications Coordinator 
Teresa Kilpatrick, 

Editorial Assistant 
Jean Shirley, 

Editorial Assistant 

This publication is printed on permanent, 
acid-free paper in compliance with 
G.S. 125-11.13. 



IV. RRC OBJECTIONS 1484 

V. CONTESTED CASE DECISIONS 

Index to ALI Decisions 1486 

Text of Selected Decisions 

86 OSP 0202 1500 

94 OSP 0502 1504 

VI. CUMULATIVE INDEX 1510 



NORTH CAROLINA REGISTER 

Publication Schedule 

(November 1994 - September 1995) 



Volume 
and 
Issue 

Number 


Issue 
Date 


Last Day 

for 

Filing 


Last Day 
for Elec- 
tronic 
Filing 


Earliest 

Date for 

Public 

Hearing 

15 days 

from 

notice 


* End of 

Required 

Comment 

Period 

30 days 

from 

notice 


Last Day 

to Submit 

toRRC 


** Earliest 

Effective 

Date 


9:15 


11/01/94 


10/11/94 


10/18/94 


11/16/94 


12/01/94 


12/20/94 


02/01/95 


9:16 


11/15/94 


10/24/94 


10/31/94 


11/30/94 


12/15/94 


12/20/94 


02/01/95 


9:17 


12/01/94 


11/07/94 


11/15/94 


12/16/94 


01/03/95 


01/20/95 


03/01/95 


9:18 


12/15/94 


11/22/94 


12/01/94 


12/30/94 


01/17/95 


01/20/95 


03/01/95 


9:19 


01/03/95 


12/08/94 


12/15/94 


01/18/95 


02/02/95 


02/20/95 


04/01/95 


9:20 


01/17/95 


12/21/94 


12/30/94 


02/01/95 


02/16/95 


02/20/95 


04/01/95 


9:21 


02/01/95 


01/10/95 


01/18/95 


02/16/95 


03/03/95 


03/20/95 


05/01/95 


9:22 


02/15/95 


01/25/95 


02/01/95 


03/02/95 


03/17/95 


03/20/95 


05/01/95 


9:23 


03/01/95 


02/08/95 


02/15/95 


03/16/95 


03/31/95 


04/20/95 


06/01/95 


9:24 


03/15/95 


02/22/95 


03/01/95 


03/30/95 


04/17/95 


04/20/95 


06/01/95 


10:1 


04/03/95 


03/13/95 


03/20/95 


04/18/95 


05/03/95 


05/22/95 


07/01/95 


10:2 


04/17/95 


03/24/95 


03/31/95 


05/02/95 


05/17/95 


05/22/95 


07/01/95 


10:3 


05/01/95 


04/07/95 


04/17/95 


05/16/95 


05/31/95 


06/20/95 


08/01/95 


10:4 


05/15/95 


04/24/95 


05/01/95 


05/30/95 


06/14/95 


06/20/95 


08/01/95 


10:5 


06/01/95 


05/10/95 


05/17/95 


06/16/95 


07/03/95 


07/20/95 


09/01/95 


10:6 


06/15/95 


05/24/95 


06/01/95 


06/30/95 


07/17/95 


07/20/95 


09/01/95 


10:7 


07/03/95 


06/12/95 


06/19/95 


07/18/95 


08/02/95 


08/21/95 


10/01/95 


10:8 


07/14/95 


06/22/95 


06/29/95 


07/31/95 


08/14/95 


08/21/95 


10/01/95 


10:9 


08/01/95 


07/11/95 


07/18/95 


08/16/95 


08/31/95 


09/20/95 


11/01/95 


10:10 


08/15/95 


07/25/95 


08/01/95 


08/30/95 


09/14/95 


09/20/95 


11/01/95 


10:11 


09/01/95 


08/11/95 


08/18/95 


09/18/95 


10/02/95 


10/20/95 


12/01/95 


10:12 


09/15/95 


08/24/95 


08/31/95 


10/02/95 


10/16/95 


10/20/95 


12/01/95 



This table is published as a public service, and the computation of time periods are not to be deemed binding 
or controlling. Time is computed according to 26 NCAC 2B .0103 and the Rules of Civil Procedure, Rule 
6. 

* An agency must accept comments for at least 30 days after the proposed text is published or until the date 

of any public hearing, whichever is longer. See G.S. 150B-21. 2(f) for adoption procedures. 

** The "Earliest Effective Date " is computed assuming that the agency follows the publication schedule above, 

that the Rules Review Commission approves the rule at the next calendar month meeting after submission, and 

that RRC delivers the rule to the Codifier of Rules five (5) business days before the 1st day of the next calendar 

month. 



Rtnised 10/94 



IN ADDITION 



lhis Section contains public notices that are required to be published in the Register or have been 
approved by the Codifier of Rules for publication. 



U.S. Department of Justice 

Civil Rights Division 

DLP:ZJB:EMP:tIb Voting Section 

DJ 166-012-3 P.O. Box 66128 

94-3156 Washington, DC. 20035-6128 

September 27, 1994 

David A. Holec, Esq. 

City Attorney 

P. O. Box 1388 

Lumberton, North Carolina 28359-1388 

Dear Mr. Holec: 

This refers to the changes in procedures for filling city council and mayoral vacancies [Chapter 1009 
(1984)], and the candidate qualifying period for special vacancy elections [Chapter 567 (1993)] for the City 
of Lumberton in Robeson County, North Carolina, submitted to the Attorney General pursuant to Section 5 
of the Voting Rights Act of 1965, as amended, 42 U.S.C. 1973c. We received your submission on July 29, 
1994. 

The Attorney General does not interpose any objection to the specified changes. However, we note 
that Section 5 expressly provides that the failure of the Attorney General to object does not bar subsequent 
litigation to enjoin the enforcement of the changes. See the Procedures for the Administration of Section 5 
(28 C.F.R. 51.41). 



Sincerely, 

Deval L. Patrick 

Assistant Attorney General 

Civil Rights Division 



By: 



John K. Tanner 
Acting Chief, Voting Section 



9:18 NORTH CAROLINA REGISTER December 15, 1994 1393 



PROPOSED RULES 



TITLE 4 - DEPARTMENT 
OF COMMERCE 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the Department of Commerce, 
Division of Community Assistance intends to adopt 
rules cited as 4 NCAC 19L .1701 - .1703; amend 
.0103, .0105, .0403, .0407, .0501 - .0502, .0505, 
.0802, .0902 - .0903, .0907, .1012 and repeal 
.0904. 

1 he proposed effective date of this action is 
March 1, 1995. 

Instructions on How to Demand a Public Hearing 
(must be requested in writing within 15 days of 
notice): 

Written requests for a Public Hearing must be 
received by December 30, 1994. Written requests 
should be sent to Bill McNeil, Director, Division 
of Community Assistance, PO Box 12600, Raleigh, 
NC 27605-2600. 

IXeason for Proposed Action: The proposed 
action is necessary to enable the Division of 
Community Assistance to facilitate the implementa- 
tion of the Community Development Block Grant 
Program in aid of which the rules were adopted. 

Lsomment Procedures: Oral or written comments 
will be accepted until January 17, 1995. Written 
comments should be sent to Bill McNeil, Director, 
Division of Community Assistance, PO Box 12600, 
Raleigh, NC 27605-2600. Oral comments should 
be directed to Donna Moffitt (919) 733-2850. 

CHAPTER 19 - DIVISION OF 
COMMUNITY ASSISTANCE 

SUBCHAPTER 19L - NORTH 

CAROLINA COMMUNITY 

DEVELOPMENT BLOCK GRANT 

PROGRAM 

SECTION .0100 - GENERAL 
PROVISIONS 

.0103 DEFINITIONS 

(a) "Act" means Title I of the Housing and 
Community Development Act of 1974, P.L. 
93-383, as amended. 

(b) "Applicant" means a local government which 



makes application pursuant to the provisions of this 
Subchapter. 

(c) "CDBG" means the State-administered 
Community Development Block Grant Program. 

(d) "Chief Elected Official" of a local govern- 
ment means either the elected mayor of a city or 
the chairman of a county board of commissioners. 

(e) "Community Development Program" means 
the annual program of projects and activities to be 
carried out by the applicant with funds provided 
under this Subchapter and other resources. 

(f) "Department" means the North Carolina 
Department of Commerce. 

(g) "Division" means the Department of 
Commerce's Division of Community Assistance. 

(h) "HUD" means the U.S. Department of 
Housing and Urban Development. 

(i) "Local Government" means any unit of 
general city or county government in the State. 

(j) Low-income families are those with a family 
income of 50 percent or less of median-family 
income. Moderate-income families are those with 
a family income greater than 50 percent and less 
than or equal to 80 percent of median-family 
income. For purposes of such terms, the area 
involved and median income shall be determined 
in the same manner as provided for under the Act. 

(k) "Low- and Moderate-Income Persons" means 
members of families whose incomes are within the 
income limits of low- and moderate-income 
families as defined in Paragraph (¥) fj) of this 
Rule. 

(1) "Metropolitan Area" means a standard 
metropolitan statistical area, as established by the 
U.S. Office of Management and Budget. 

(m) "Metropolitan City" means a city as defined 
by Section 102(a)(4) of the Act. 

(n) "Project" means one or more activities 
addressing either: 

(1) community revitalization needs, or 

(2) economic development needs, or 

(3) development of housing for persons of 
low- and moderate-income, or 

(4) urgent needs of the applicant. 

(o) "Recipient" means a local government that 
has been awarded a Community Development 
Block Grant and executed a Grant Agreement with 
the Department. 

(p) "Scattered site" means acquisition, 

clearance, relocation, historic preservation and 
building rehabilitation activities which benefit low 
or moderate income persons or eliminate specific 
conditions of blight or decay on a spot basis not 
located in a slum or blighted area. 

(q) "Secretary" means the Secretary of 



1394 



NORTH CAROLINA REGISTER 



December 15, 1994 



9:18 



PROPOSED RULES 



Department of Commerce or his designee. 

(r) "State" means the State of North Carolina. 

(s) "Urban County" means a county as defined 
by Section 102(a)(6) of the Act. 

(t) The definitions in this Rule apply to terms 
used in this Subchapter. 

Authority G.S. 143B-10; 143B-431; 24 C.ER. 
570.481 -570.483. 

.0105 ELIGIBLE APPLICANTS 

Eligible applicants are all local governments 
excluding those designated as metropolitan cities or 
urban counties by Section 102(a)(4) and (6) of the 
Act. Two or more eligible local governments may 
submit an application for some grant categories, 
and one of the eligible local government applicants 
must be identified in the application as the lead 
entity. 

Statutory Authority 143B-10; 143B-431; 42 
U.S.C.A. 5306(d). 

SECTION .0400 - DISTRIBUTION 
OF FUNDS 

.0403 SIZE AND USE OF GRANTS 
MADE TO RECIPIENTS 

(a) There is no minimum grant amount which 
applicants may request or be awarded. Grant 
awards made to any one recipient shall not exceed 
the following amount in each grant category: 
Community Revitalization^ Concentrated Need and 
Infrastructure subcategories - eight hundred fifty 
thousand dollars ($850,000>t and Scattered Site^-a 
sub s et of Community Rcvitalization subcategory - 
five hundred thousand dollars ($500,000); 
Housing Development - two hundred fifty thousand 
dollars ($250,000) or funds available; Urgent 
Needs - six hundred thousand dollars ($600,000); 
Contingency - six hundred thousand dollars 
($600,000); and Entrepreneurial Empowerment 
implementation grant - one million dollars 
($1,000,000) and Entrepreneurial Empowerment 
planning grant - twenty thousand dollars 
($20.000) . Applicants shall not have a project or 
combination of projects under active consideration 
for funding which exceeds one million two 
hundred fifty thousand dollars ($1,250,000), 
except for Urgent Needs projects. Applicants in 
the Community Revitalization category shall 
choose to apply for either a concentrated site needs 
awards or an infrastructure award, or a scattered 
site award, but not both no more than one from 
the same HUD allocation. 



(b) No local government may receive more than 
a total of one million two hundred fifty thousand 
dollars ($1,250,000) in CDBG funds in the period 
that the state distributes its annual HUD allocation 
of CDBG funds; except that local governments 
may also receive up to six hundred thousand 
dollars ($600,000) for a project that addresses 
Urgent Needs and funds for one demonstration 
project in addition to other grants awarded during 
the same time period. 

(c) Community Revitalization basic category 
applicants may spend no more than 15 percent of 
their total grant amount to finance local option 
activities. Local option activities are eligible 
activities which do not need to be directly related 
to proposed projects; except in the infrastructure 
subcategory; however, job creation activities are 
not eligible local option activities. Local option 
activities will not be competitively rated by the 
Division, but may be limited to specific eligible 
activities; each local option project must show 
that: 

(1) At least fifty-one percent of the CDBG 
funds proposed for each activity will 
benefit low- and moderate-income 
persons, except that CDBG funds may 
be used for acquisition, disposition, or 
clearance of vacant units to address the 
national objective of prevention or 
elimination of slums or blight; and 

(2) CDBG funds proposed for each activity 
will address the national objective of 
benefiting low- and moderate-income 
persons, or aid in the prevention or 
elimination of slums or blight. 

(d) The Division may review grant requests to 
determine the reasonableness and appropriateness 
of all proposed administrative and planning costs. 
Notwithstanding Rule .0910 of this Subchapter, 
grantees may not increase their approved planning 
and administrative budgets without prior Division 
approval. In no case, may applicants budget and 
expend more than 1 8 percent of the sum of funds 
requested and program income for administrative 
and planning activities for each project. 

(e) Applicants may spend CDBG funds in those 
areas in which the applicant has the legal authority 
to undertake project activities. 

(f) Grants to specific recipients will be provided 
in amounts commensurate with the size of the 
applicant's program. In determining appropriate 
grant amounts for each applicant, the Division may 
consider an applicant's need, proposed activities, 
all proposed administrative and planning costs, and 
ability to carry out the proposed activities. 



9:18 



NORTH CAROLINA REGISTER 



December 15, 1994 



1395 



PROPOSED RULES 



Authority G.S. 143B-10; 143B-431; 24 C.ER. 
570.483; 42 U.S.C. 5301. 

.0407 GENERAL APPLICATION 
REQUIREMENTS 

(a) Local governments are required to submit 
applications in a manner prescribed by the 
Division in order to be considered for funding. 
Selection of applications for funding will be based 
primarily on information contained in the 
application; thus applications must contain 
sufficient information for the Division to rate them 
against the selection criteria. In addition, the 
following may be considered: information from 
any source which regards the eligibility of the 
applicant or application; the legality or feasibility 
of proposed activities; the applicant's compliance 
with application procedures specified in this 
Subchapter or the accuracy of the information 
presented in the application; evaluation of 
proposed projects by on-site review; and 
category-specific information described in Sections 
.0500, .0800, .1200, and .1300 of this Subchapter. 
All applicants are required to address their projects 
to one of the following grant categories: 
Community Revitalization (either concentrated 
needs or scattered site), Housing Development, 
Urgent Needs, or Entrepreneurial Empowerment. 
Applicants may apply in more than one grant 
category, providing the total grant application and 
award does not exceed the maximum limits 
described in Paragraphs (a) and (b) of Rule .0403 
of this Section. Applicants shall submit an 
application that describes each project in sufficient 
detail to be adequately rated. 

(b) Applications must be received by the 
Division's administrative offices in Raleigh before 
5:00 p.m. on the submission date or sent by mail 
and postmarked on the submission date. 

(c) Applicants must provide citizens with 
adequate opportunity for meaningful involvement 
in the development of Community Development 
Block Grant applications. Specific citizen 
participation guidelines are described further in 
Rule .1002 of this Subchapter. If the Division is 
aware of an applicant's failure to meet these 
citizen participation requirements, the Division 
may not rate the application. 

(d) The Division may submit all CDBG 
applications and environmental review records as 
required by the National Environmental Policy Act 
and the State Environmental Policy Act to the State 
Clearinghouse of the Department of Administration 
for review and comments. The Division may 
require each applicant to submit a written 



description of how the applicant proposes to 
address each comment received from the State 
Clearinghouse. 

(e) The applicant shall certify to the Division 
that it will comply with all applicable federal and 
state laws, regulations, rules and Executive 
Orders. Copies of these federal and state 
requirements are available for public inspection 
from the Division. 

(f) Applicants must comply with the Housing 
and Community Development Act of 1974 as 
amended, all applicable federal and state laws, 
regulations, rules, Executive Orders and guidelines 
issued by the Division. 

(g) Application requirements described in this 
Rule .0407 do not apply to demonstration grants 
and Urgent Needs grants, except for Paragraphs 
(a), (d), (f) and (g). 

(h) For multi-family rental housing activities, 
the applicant must state in the application the 
standards it has adopted for determining affordable 
rents for such activities. 

£i) Applicants that receive CDBG funding for 
projects may charge the cost of application 
preparation to prior CDBG programs or to the 
current program provided that procurement 
procedures consistent with 24 CFR 85.36 are 
followed. No more than three thousand five 
hundred dollars ($3,500) may be charged to the 
CDBG program for application preparation. 

Authority G.S. 143B-10; I43B-431; 42 U.S.C. A. 
5304(a); 24 C.ER. 570.483. 

SECTION .0500 - COMMUNITY 
REVITALIZATION PROJECTS 

.0501 DESCRIPTION 

(a) The Community Revitalization category 
includes activities in which a majority of funds is 
directed towards improving, preserving or 
developing residential areas. All eligible CDBG 
activities may be undertaken for the purpose of 
community revitalization. 

(1) Applications for funding may involve 
single or multiple activities, addressing 
one or more needs in the area except 
for infrastructure and scattered site 
s ubcategory subcategories which 
addresses one need. 

(2) All community revitalization activities, 
except for scattered site activities, must 
be carried out within defined project 
areas of concentrated need . 

(3) Community Revitalization funds are 



1396 



NORTH CAROLINA REGISTER 



December 15, 1994 



9:18 



PROPOSED RULES 



distributed to eligible units of local 
government on a competitive basis. 
Community Revitalization projects will 
be evaluated against other Community 
Revitalization project proposals. 

(b) The Community Revitalization category els© 
includes a subcategory for scattered site housing 
activities which are directed towards one hundred 
per cent low and moderate income benefit or the 
prevention or elimination of slums or blight. 
Scattered site projects are limited to housing 
rehabilitation, acquisition, disposition, clearance, 
and relocation activities. 

(1) Scattered site activities may be carried 
out in any location throughout the 
applicant's jurisdiction and need not be 
carried out in an area of concentrated 
need. 

(2) No local funds are required or expected 
to be contributed to scattered site 
housing rehabilitation projects. 

(3) Scattered site funds are distributed to 
eligible units of local government on a 
competitive basis, and projects will be 
evaluated against other scattered site 
project proposals. 

(c) The Community Revitalization category 
includes a subcategory for public infrastructure 
projects within a definable project area. Projects 
will be evaluated against other infrastructure 
project proposals. 

Authority G.S. 143B-10; 143B-431; 42 U.S.C.A. 
5301; 24 C.F.R. 570.483. 



Subchapter. 
Applications that do not meet these eligibility 
requirements will not be rated or funded. In 
designing projects which meet these requirements, 
applicants must appropriately ensure that activities 
do not benefit moderate-income persons to the 
exclusion of low-income persons. 

(b) Applicants for scattered site subcategory 
funds must show that: 

(1) A41 rehabilitation Rehabilitation 

activities of occupied units must benefit 
100 percent low and moderate income 
persons; and 

(2) CDBG funds proposed for 
rehabilitation, acquisition, clearance, 
and disposition of vacant units will 
address the national objective of 
preventing or eliminating slums or 
blight. 

(c) Applicants shall have the capacity to 
administer a CDBG program. The Division may 
examine the following areas to determine capacity: 

(1) audit and monitoring findings on 
previously funded Community 
Development Block Grant programs, 
and the applicant's fiscal accountability 
as demonstrated in other state or federal 
programs or local government financial 
reports; and 

(2) the rate of expenditure of funds and 
accomplishments in previously funded 
CDBG programs. 

Applicants that show a lack of capacity will not be 
rated or funded. 



.0502 ELIGIBILITY REQUIREMENTS 

(a) Applications for concentrated needs 

Community Revitalization basic category 

subcategory funds must show that: 

(1) At least 51 percent of the CDBG funds 
proposed for each project will benefit 
low- and moderate-income persons, 
except that CDBG funds proposed for 
local option activities may be used for 
acquisition, disposition, or clearance of 
vacant units to address the national 
objective of prevention or elimination 
of slums or blight; and 

(2) CDBG funds proposed for each activity 
will meet a national objective as 
specified in HUD regulations previously 
incorporated by reference, except that 
funds shall not be used to meet the 
national objective of urgent need which 
is covered by Rule .0801 of this 



Authority G.S. 143B-10; 143B-431; 42 U.S.C.A. 
5301; 24 C.F.R. 570.483. 

.0505 SELECTION CRITERIA 

Projects will be evaluated and rated in 
accordance with the annual statement of program 
design as approved by HUD. Rating factors are: 

(1) benefit to low and moderate income 
persons, 

(2) project severity of need, 

(3) project treatment of need, 

(4) appropriateness and feasibility of 
proposed project activities, and 

(5) local commitment of funds or community 
efforts. 

Authority G.S. 143B-10; 143B-431; 42 U.S.C.A. 
5304(a)(1); 24 C.F.R. 570.483. 

SECTION .0800 - URGENT 



9:18 



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1397 



PROPOSED RULES 



NEEDS/CONTINGENCY PROJECTS 

.0802 ELIGIBILITY REQUIREMENTS 

Urgent Needs grant applicants must certify to all 
four three of the following eligibility requirements: 

(1) the need addressed by the application 
must have arisen during the preceding 
18-month period and represent an 
imminent threat to public health or 
safety; and 

(2) the need addressed by the application 
must represent a unique and unusual 
circumstance that does not occur 
frequently in a number of communities in 
the state; and 

(3) the applicant does not have sufficient 
local resources, and state or federal 
resources are not available to alleviate the 
urgent needr j and 

(4) at least 51 percent of the CDBG funds 
proposed for the project must benefit low 
and moderate income persons. 

Authority G.S. 143B-10; 143B-431; 42 U.S.C.A. 
5304(b)(3); 24 C.ER. 570.483. 

SECTION .0900 - GRANT 
ADMINISTRATION 

.0902 METHOD OF ADMINISTRATION 

(a) Recipients may delegate to statutorily 
authorized subrecipients the responsibility of 
undertaking or carrying out any specified 
community development activities. All entities so 
designated under this Paragraph by recipients to 
undertake or carry out community development 
activities pursuant to this Subchapter shall be 
considered subrecipients. 

(b) Recipients may contract with any person, 
association, or corporation in undertaking specified 
community development activities. All contracts, 
shall be made in conformance with the 
procurement standards set forth in Rule .0908 of 
this Section. Rule .0908 does not apply to 
recipients in the selection of subrecipients. 

(c) Subrecipients undertaking or carrying out 
community development activities shall do so in 
conformance with Rule .0903, METHOD OF 
PAYMENT; Rule .090 4 , ESCROW ACCOUNTS; 
Rule .0906, FINANCIAL MANAGEMENT 
SYSTEMS; Rule .0907, PROGRAM INCOME; 
Rule .0908, PROCUREMENT STANDARDS; 
Rule .0909, PROPERTY MANAGEMENT 
STANDARDS; and Rule .091 1 , RECORDKEEPING. 



Authority G.S. 143B-10; 143B-431; 153A-376(b); 
160A-456(b); 24 C.ER. 570.488; 24 C.ER. 
570.489. 

.0903 METHOD OF PAYMENT 

(a) Advance payments will be made by the 
Department to recipients when the following 
conditions are met: 

(1) The recipient has demonstrated to the 
Secretary, initially through certification 
in a form prescribed by the Department 
and subsequently through performance, 
that procedures have been established to 
insure a maximum of three banking 
days time elapsing between the receipt 
of funds to it and its disbursement of 
such funds. 

(2) The recipient's financial management 
system meets the standards for fund 
control and accountability prescribed in 
Rule .0906 FINANCIAL 
MANAGEMENT SYSTEMS of this 
Subchapter . 

(3) No payment to the recipient from the 
Department shall be for an amount less 
than one hundred dollars ($100.00). 



H>- 



Recipients — that — receive 



-ad 



vance 

payment of up to five thousand dollars 

($5,000) may maintain a cash balance 

in excess of three days. 

(4) {5)A11 requests for advance payments 

are required to meet immediate 

disbursing needs. The — timing — and 

amount of cash advances shall be as 

close as is administratively feasible to 

the actual disbursement by the recipient 

except as described in Paragraph (a)( 4 ) 

of this Rule. 

(b) Recipients who do not meet or adhere to the 

conditions in Paragraph (a) of this Rule will not 

receive advance payments. Those recipients will 

receive grant payments on a reimbursement basis. 

Authority G.S. 143B-10; 143B-431; 24 C.ER. 
570.489; 42 U.S.C.A. 5304(g). 

.0904 ESCROW ACCOUNTS 

Recipients may draw down CDBG funds and 
deposit them into an escrow account for privat e 
property rehabilitation in order to encourage the 
participation — ef- — small — and — minority — owned 

contracting — firm s . Recipient s — s hall — meet — the 

requirements of HUD implementing regulation s 
contained in 2 4 C.F.R. 570, which is incorporated 
by reference at Rule .0106 of thi s Subchapter. 



1398 



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December 15, 1994 



9:18 



PROPOSED RULES 



Authority G.S. 143B-10; 143B-431; 159-7 through 
159-38; 24 C.ER. 570.494; 24 C.ER. 570.496; 
42 U.S.C.A. 5304(b), (d),(e). 

.0907 PROGRAM INCOME 

(a) Definition. Program Income is defined as 
gross income earned by the recipient from grant 
supported activities. Such earnings may include, 
but not be limited to, sale of property, interest 
received from a loan program, and the return of 
sales taxes on purchases made during the program. 
Receipts derived from the operation of a public 
work or facility, the construction of which was 
assisted by this program, do not constitute 
program income. 

(b) Unless the grant agreement provides 
otherwise, recipients shall have no obligation to 
the Department with respect to royalties received 
as a result of copyrights or patents produced under 
the grant or other agreement. Recipients must 
however, follow the procedures set forth in Rule 
.0909 PROPERTY MANAGEMENT 
STANDARDS. 

(c) All interest earned on grant funds prior to 
distribution shall be returned to the Department, 
except as follows: 

(4-) as may be required by Rule .090 4 of 

this Subchapter; or 

(2) recipients may keep one hundred 

dollars ($100.00) per year for 
administrative expenses in accordance 
with 24 CFR 570.489(c)(2). 

(d) Recipients shall record the receipt and 
expenditure of revenues (such as taxes, special 
assessments, levies, fines, etc.) as a part of grant 
project transactions when such revenues are 
specifically earmarked for a grant project in 
accordance with the grant agreement. 

(e) Unless otherwise required, program income 
generated by a pre- 1986 grant may be retained by 
the recipient. Program income is identified by the 
grant year in which the activities which generated 
the program income were funded. Pre- 1986 
program income shall be added to funds committed 
to a current project and used for activities 
approved in the project's application. Pre- 1986 
program income shall be expended prior to 
requesting additional funds from the Department or 
shall be used in future CDBG projects. 

(f) Program Income generated by grants made in 
1986 or afterwards shall be returned to the 
Department except when: 

(1) the recipient shall propose at the time 
of application or at the time the 
program income is anticipated, a use or 



uses for the projected program income, 
and 

(2) the Department determines that, at the 
time of the proposal, the use of the 
projected program income meets federal 
requirements prohibiting the state from 
recapturing the program income; or 

(3) the recipient, designated at the time of 
the preliminary grant award as a 
"severely distressed county" pursuant to 
G.S. 105-130.40(c), or a city in such 
a county, wishes to retain the program 
income to establish a local economic 
development revolving loan fund. Any 
activities that are eligible under Title I 
of the federal Housing and Community 
Development Act of 1974, as amended, 
and that meet at least one of the three 
national objectives of the Housing and 
Community Development Act may be 
undertaken. If the designation, 
pursuant to G.S. 105- 130. 40(c), as a 
"severely distressed county" is removed 
from a county, projects having received 
at least a preliminary grant award prior 
to the removal of the designation may 
continue to retain program income 
resulting from that grant as provided in 
this subsection. Provisions of 4 NCAC 
19L .0913 apply at the time of 
closeoutT i or 

(4) the program income is generated from 
an Entrepreneurial Empowerment 
project, and the Department has 
approved the plan for re-use of program 
income. 

(g) Income after closeout and not subject to Rule 
.0907(e) and (f) of this Subchapter. 

(1) Except as may be otherwise provided 
under the terms of the grant agreement 
or any closeout agreement, program 
income of ten thousand dollars 
($10,000) or more received annually 
subsequent to the CDBG Program 
closeout shall be used for any eligible 
activity pursuant to Rule .0301 of this 
Subchapter. Recipients must receive 
Division approval in writing prior to 
obligation of program income under 
this Paragraph to determine if the 
proposed use is plainly appropriate to 
meeting the recipient's needs and 
objectives^ When income received is 
less than ten thousand dollars ($10,000) 
annually, the recipient may spend the 



9:18 



NORTH CAROLINA REGISTER 



December 15, 1994 



1399 



PROPOSED RULES 



funds at the end of the 12 month period 
according to its own needs ; and 
(2) Accurate records shall be kept on all 
program income ef when the annual 
amount exceeds ten thousand dollars 
($10,000) or more received annually 
and to determine when the ten thousand 
dollars ($10,000) threshold is exceeded 
subsequent to grant closeout. 

Authority G.S. 143B-10; 143B-431; 24 C.ER. 
570.489:42 U.S.C.A. 5304(b)(4). 

SECTION .1000 - COMPLIANCE 
REQUIREMENTS 

.1012 CLEARINGHOUSE REVIEW 

(a) Applications for funding under this 
Subchapter may be submitted by the Division to 
the appropriate state clearinghouse agencies. The 
state agencie s shall have 30 days from the receipt 
of the application to review the application and 
give comments to the Division and the applicant. 

(b) Comments containing any findings of 
inconsistency with state or local plans, significant 
adverse urban impacts, noncompliance with 
environmental laws, failure to provide equal 
opportunity or other comments that require a 
response may result in disapproval or conditional 
approval of the application by the Division. 
Applicants must consider all findings and submit to 
the Division a written statement indicating what 
action they plan to take as a result of these find- 
ings. 

(c) Program amendments which must receive 
Division approval pursuant to Rule .0910 Para- 
graph (a) of this Subchapter , may be submitted to 
clearinghouse review in accordance with Paragraph 
(a) of this Rule. 

(d) All clearinghouse comments and responses 
shall be kept in accordance with Rule .091 1 of this 
Subchapter. 



Authority 
570.489. 



G.S. 143B-10; 143B-431; 24 C.ER. 



SECTION .1700 - ENTREPRENEURIAL 
EMPOWERMENT PROJECTS 

.1701 DESCRIPTION 

Grants under this category will improve econom- 
ic opportunities for low- and moderate-income 
persons. 

Authority G.S. 143B-10; 143B-431; 24 C.ER. 



570.483. 

. 1 702 ELIGIBILITY REQUIREMENTS 

Applications for Entrepreneurial Empowerment 
funds must show that: 
£U At least 51 percent of the CDBG funds 
proposed for each project will benefit 
low- and moderate-income persons; and 
(2) CDBG funds proposed for each activity 
will meet a national objective as specified 
in HUD regulations previously incorpo- 
rated by reference, except that funds shall 
not be used to meet the national objective 
of urgent need which is covered by Rule 
.0801 of this Subchapter. 
Applicants that do not meet these requirements will 
not be rated or funded. 

Authority G.S. 143B-10; 143B-431; 24 C.ER. 
570.482; 24 C.ER. 570.483. 



.1703 SELECTION CRITERIA 

Selection criteria will be announced by 



the 



Division 45 days prior to accepting applications for 
this category. Criteria for awards are: 

(1) community need, 

(2) community impact. 

(3) project design, and 

(4) financial feasibility. 



Authority G.S. 
570.489. 



143B-10; 143B-431; 24 C.ER. 



TITLE 12 - DEPARTMENT 
OF JUSTICE 

l\otice is hereby given in accordance with G.S. 
150B-21.2 that the N. C. Private Protective Servic- 
es Board intends to amend rule cited as 12 NCAC 
7D .0105. 

1 he proposed effective date of this action is 
March 1, 1995. 

1 he public hearing will be conducted at 2:00 
p.m. on January 5, 1995 at the State Bureau of 
Investigation Training Classroom, Building 9, 
3320 Old Garner Road, Raleigh, N.C. 27626- 
0500. 

Reason for Proposed Action: Rule requires any 
licensee or registrant to receive 4 hours of training 
if they possess or use oleoresin capsicum spray 



1400 



NORTH CAROLINA REGISTER 



December 15, 1994 



9:18 



PROPOSED RULES 



(pepper spray) while performing private protective 
service functions. 

Csomment Procedures: Interested persons may 
present their views either orally or in writing at 
the hearing. The Record of Hearing will be open 
for receipt of written comments until January 5, 
1995. Written comments must be delivered to the 
Private Protective Services Board, 3320 Old 
Garner Road, Raleigh, N. C. 27626-0500. 

CHAPTER 7 - PRIVATE 
PROTECTIVE SERVICES 

SUBCHAPTER 7D - PRIVATE 
PROTECTIVE SERVICES BOARD 

SECTION .0100 - ORGANIZATION 
AND GENERAL PROVISIONS 

.0105 UMFORMS AND EQUIPMENT 

(a) No holder of a license, trainee permit, 
unarmed security guard registration, armed securi- 
ty guard registration, or firearms trainer certificate 
while engaged in private protective services, shall 
wear or display any badge, insignia, device, 
shield, patch or pattern which shall indicate or 
tend to indicate that the individual is a sworn law 
enforcement officer or which contains or includes 
the word "police" or the equivalent thereof, or is 
similar in wording to any law enforcement agency 
in the local area of the licensee's operations. 

(b) No holder, while performing any private 
security service, shall have or utilize any vehicle 
or equipment displaying the words "law enforce- 
ment officer," "police," or the equivalent thereof, 
or have any sign, shield, marking, accessory or 
insignia that may indicate that such vehicle is a 
vehicle of a law enforcement agency. 

(c) A holder who is required to wear a military 
style uniform while in the performance of private 
security services shall have: 

(1) affixed over the left breast pocket of the 
uniform and on all caps or hats worn 
by such individual, badges or patches, 
distinct in design from those used by 



law enforcement agencies within the 
local area of the licensee's operations; 

(2) affixed over the right breast pocket of 
the uniform a metal, plastic, or cloth 
tag not less than three inches nor more 
than five inches in length and not less 
than three-fourths inch nor more than 
one inch in height containing the words 
"Security Guard" or "Security Officer" 
in capital letters approzimatley one-half 
inch in height; and 

(3) affixed over the "Security Guard" or 
"Security Officer" tag, a metal, plastic, 
or cloth tag bearing the name of the 
wearer. The name tag may be smaller 
than the "Security Guard" or "Security 
Officer" tag if the same is displayed in 
capital letters five-sixteenth inch to 
one-half inch in height. 

(4) The wearing of the armed or unarmed 
private protective services card clearly 
visible on the outermost garment (ex- 
cept foul weather clothing) shall satisfy 
the requirements of .0105(c)(l)(2) and 
(3) above Subparagraphs (c) (1), £2} 
and (3) of this Rule . 

(d) All other holders who perform the duties of 
a security guard or security officer and who are 
not required to wear a military style uniform shall 
have affixed over the right or left breast pocket of 
the outermost garment (except for rainwear or 
other foul weather clothing) a tag as described in 
Subparagraph (c)(2) of this Rule, unless exempted 
by the Administrator. 

(e) It shall be lawful for any person licensed or 
registered pursuant to the provisions of this Chap- 
ter to possess and use oleoresin capsicum spray, 
provided they are on duty and have received a four 
hour training course that has been approved by the 
Board and is consistent with the training standards 
prescribed by the Board. 

Statutory Authority G. S. 74C-5; 74C-15. 



TITLE 13 - DEPARTMENT OF 
LABOR 



Notice is hereby given in accordance with G.S. 150B-21.2 that the North Carolina Department of Labor 
OSH intends to amend rule cited as 13 NCAC 07F .0201. 



9:18 



NORTH CAROLINA REGISTER 



December 15, 1994 



1401 



PROPOSED RULES 



1 he proposed effective date of this action is March 1, 1995. 

1 he public hearing will be conducted at 10:00 a.m. on January 5, 1995 at 319 Chapanoke Road, Suite 105, 
Raleigh, North Carolina. 

Jxeason for Proposed Action: To exempt a non-hazardous class of lasers from coverage under the OSHA 
Construction standards. 

Lsomment Procedures: Persons wanting to present oral testimony at the public hearing should provide a 
written statement of the proposed testimony to the Division three (3) business days prior to the hearing. 
Written comments will be accepted until January 17, 1995. Direct all correspondence to Jill F. Cramer, 
NCDOL/OSHA, 319 Chapanoke Road, Suite 105, Raleigh, NC 27603-3432. 

CHAPTER 7 - OSHA 

SUBCHAPTER 7F - STANDARDS 

SECTION .0200 - CONSTRUCTION STANDARDS 

.0201 CONSTRUCTION 

(a) The provisions for the Occupational Safety and Health Standards for Construction, Title 29 of the Code 
of Federal Regulations Part 1926, are incorporated by reference except as follows: 

(1) Subpart C — General Safety and Health Provisions — Personal protective equipment, §1926. 28(a) 
is amended to read as follows: "(a) The employer is responsible for requiring the wearing of 
appropriate personal protective equipment in all operations where there is an exposure to hazardous 
conditions or where this part indicates the need for using such equipment to reduce the hazards to 
the employees. " 

(2) Subpart D — Occupational Health and Environmental Controls.: 

(A) Addition to 29 CFR 1926.54, Nonionizing radiation, after subpart (a) to read: 

"(al) This standard shall apply to all direct or reflected laser equipment except properly 
maintained unmodified Class I equipment. Class I equipment is defined as intrinsically safe lasers 
having less than 0.001 milliwatt power and lasers which cannot create eye damage if viewed 
accidentally or which present no direct ocular hazard, diffuse ocular hazard or fire hazards. " 

(B) Incorporation by reference of modified final rule for 29 CFR 1926.59, Hazard Communication, 
including Appendices A through E, published in 59 FR (February 9, 1994) pages 6170 - 6184 
except that 1926. 59(b) (6) (ii) is amended to read: 

"(ii) Any hazardous substance as such term is defined by the Comprehensive Environmental 
Response, Compensation, and Liability Act (CERCLA) (42 U.S.C. 9601 et seq), when regulated 
as a hazardous waste under that Act by the Environmental Protection Agency;" 

(b) The parts of the Code of Federal Regulations incorporated by reference in this Subchapter shall not 
automatically include any subsequent amendments thereto, except as follows: 

(1) Incorporation of existing General Industry Standards (Part 1910) applicable to construction work 
into the Safety & Health Regulations for Construction (Part 1926). Final rule as published in 58 
FR (June 30, 1993) pages 35076-35311 and adopted by the North Carolina Department of Labor 
on November 1, 1993; correction to Appendix D to §1926.1147 as published in 58 FR (July 28, 
1993) page 40468 and adopted by the North Carolina Department of Labor on December 31, 1993. 
Subpart C -- General Safety and Health Provisions, 

1926.33 Access to employee exposure and medical records. 

1926.34 Means of egress. 

1926.35 Employee emergency action plans. 

Subpart D — Occupational Health and Environmental Control, 

1926.64 Process safety management of highly hazardous chemicals. 

1926.65 Hazardous waste operations and emergency response. 

1402 NORTH CAROLINA REGISTER December 15, 1994 9:18 



PROPOSED RULES 



1926.66 Criteria for design and construction for spray booths. 
Subpart E — Personal Protective Equipment and Life Saving Equipment, 

1926.95 Criteria for personal protective equipment. 

1926.96 Occupational foot protection. 

1926.97 Protective clothing for fire brigades. 

1926.98 Respiratory protection for fire brigades. 
Subpart F — Fire Protection and Prevention, 

Fixed Fire Suppression Equipment 

1926.156 Fire extinguishing systems, general. 

1926.157 Fire extinguishing systems, gaseous agent. 
Other Fire Protection Systems 

1926.158 Fire detection systems. 

1926.159 Employee alarm systems. 
Subpart I — Tools - Hand and Power, 

1926.306 Air receivers. 

1926.307 Mechanical power-transmission apparatus. 
Subpart L — Scaffolding, 

1926.453 Manually propelled mobile ladder stands and scaffolds (towers). 
Subpart Y — Commercial Diving Operations, 
General 

1926.1071 Scope and application. 

1926.1072 Definitions. 
Personnel Requirements 

1926.1076 Qualifications of dive team. 
General Operations Procedures 

1926.1080 Safe practices manual. 

1926.1081 Pre-dive procedures. 

1926.1082 Procedures during dive. 

1926.1083 Post-dive procedures 
Specific Operations Procedures 

1926.1084 SCUBA diving 

1926.1085 Surface-supplied air diving 

1926.1086 Mixed-gas diving. 

1926.1087 Liveboating. 

Equipment Procedures and Requirements 

1926.1090 Equipment. 
Recordkeeping 

1926.1091 Recordkeeping requirements. 

1926.1092 Effective date. 

Appendix A to Subpart Y - Examples of Conditions Which May Restrict or Limit Exposure to 
Hyperbaric Conditions. 

Appendix B to Subpart Y - Guidelines for Scientific Diving. 
Subpart Z — Toxic and Hazardous Substances 
1926.1100-1926.1101 [Reserved]. 

1926.1102 Coal tar pitch volatiles; interpretation of term. 

1926.1103 4-Nitrobiphenyl. 

1926.1104 alpha-Naphthylamine. 

1926.1105 [Reserved]. 

1926.1106 Methyl chloromethyl ether. 

1926.1107 3,3'-Dichlorobenzidine [and its salts]. 

1926.1108 bis-Chloromethyl ether. 

1 926 . 1 1 09 beta-Naphthylamine. 

1926.1110 Benzidine. 

1 926 .1111 4-Aminodipheny 1 . 

1 926 .1112 Ethyleneimine. 



9:18 NORTH CAROLINA REGISTER December 15, 1994 1403 



PROPOSED RULES 



1926.1113 beta-Propiolactone. 

1926.1114 2-Acetylaminofluorene. 

1926. 1115 4-Dimethylaminoazobenzene. 

1926. 1116 N-Nitrosodimethylamine. 

1926.1117 Vinyl chloride. 

1926. 1118 Inorganic arsenic. 

1926.1128 Benzene. 

1926.1129 Coke emissions. 

1926. 1 144 1 ,2-dibromo-3-chloropropane. 

1926.1145 Acrylonitrile. 

1926.1147 Ethylene oxide. 

1926.1148 Formaldehyde. 

Appendix A to Part 1926. Designations for General Industry Standards Incorporated Into Body 
of Construction Standards. 

(2) Subpart D — Occupational Health and Environmental Controls: 

(A) Revision of Authority Citation for Subpart D of Part 1926 published in 59 FR (July 19, 1994) 
pages 36699 - 36700 and effective on November I, 1994. 

(B) Addition of 1926.61 "Retention of DOT markings, placards, and labels," published in 59 FR 
(July 19, 1994) pages 36699 - 36700 and effective on November 1, 1994. 

(C) 29 CFR 1926.62, Lead in Construction. Interim final rule and appendices A through D as 
published in 58 FR (May 4, 1993) pages 26627-26649 and adopted by the North Carolina 
Department of Labor on September 6, 1993. 

(D) Typographical and technical corrections at 1926.63, Cadmium, published in 58 FR (April 23, 
1993) pages 21778 - 21780 and 21787 and adopted by the North Carolina Department of Labor 
on September 24, 1993; corrections are to final rule for Occupational Exposure to Cadmium as 
originally published in 57 FR 42101 (September 14, 1992). 

(E) Technical amendments to the existing Appendix B and addition of non-mandatory Appendix E 
to 1926.65, Hazardous Vfaste Operations and Emergency Response as published in 59 FR (August 
22, 1994) pages 43270 - 43280 and effective on November 1, 1994. 

(3) Subpart E — Personal Protective and Life Saving Equipment — revision of Authority Citation for 
Subpart E of Part 1926; removal of 1926.104, Safety belts, lifelines, and lanyards; redesignation 
of 1926.105(a) as 1926.753, Safety Nets in Subpart R; removal and reservation of 1926.105; and 
removal of paragraphs (b), (c) and (f) of 1926.107, as published in 59 FR (August 9, 1994) page 
40729 and effective on February 6, 1995. 

(4) Subpart H — Materials Handling, Storage, Use and Disposal — revision of Authority Citation for 
Subpart H of Part 1926, and revision of 1926.250(b)(2) as published in 59 FR (August 9, 1994) 
pages 40729 - 40730 and effective on February 6, 1995. 

(5) Subpart M — Fall Protection — revision of Authority Citation for Subpart M of Part 1926 and 
replacement of Subpart M with 1926.500, 1926.501, 1926.502, 1926.503 and non-mandatory 
Appendices A through E as published in 59 FR (August 9, 1994) pages 40730 - 40753 and 
effective on February 6, 1995. 

(6) Subpart N — Cranes, Derricks, Hoists, Elevators, and Conveyors — revision of Authority Citation 
for Subpart N of Part 1926, and revision of 1926.550(c)(2) and 1926.550(g)(4)(i)(C)as published 
in 59 FR (August 9, 1994) page 40730 and effective on February 6, 1995. 

(7) Subpart P — Excavations — revision of Authority Citation for Subpart P of Part 1926, revision of 
section heading of 1926.651, Specific excavation requirements, and revision of 1926.651(1) as 
published in 59 FR (August 9, 1994) page 40730 and effective on February 6, 1995. 

(8) Subpart Q — Concrete and Masonry — revision of Authority Citation for Subpart Q of Part 1926, 
removal of 1926.701(f)(2) and removal of subparagraph designation (1) of 1926.701(f) as published 
in 59 FR (August 9, 1994) page 40730 and effective on February 6, 1995. 

(9) Subpart R — Steel Erection -- revision of Authority Citation for Subpart R of Part 1926 as 
published in 59 FR (August 9, 1994) page 40730 and effective on February 6, 1995. 

(10) Subpart V -- Power Transmission and Distribution -- revision of Authority Citation for Subpart V 
of Part 1926, and revision of 1926.95 1 (b) (4) (i) as published in 59 FR (August 9, 1994) page 40730 
and effective on February 6, 1995. 



1404 NORTH CAROLINA REGISTER December 15, 1994 9:18 



PROPOSED RULES 



(11) Subpart Z — Toxic and Hazardous Substances — correction to 29 CFR 1926 by adding text and 

redesignation for Cadmium as published in 59 FR (January 3, 1994) page 215 and adopted by the 

North Carolina Department of Labor on April 15, 1994. 

(c) Copies of the applicable Code of Federal Regulations sections referred to in this Subchapter are available 

for public inspection at the North Carolina Department of Labor, Division of Occupational Safety and Health. 

A single copy may be obtained from the Division at a cost often dollars and sixty cents ($10.60) (inclusive 

of tax); each additional copy will be the same price. 



Statutory Authority G.S. 95-131; 150B-21.6. 

TITLE 15A - DEPARTMENT OF 

ENVIRONMENT, HEALTH, AND 

NATURAL RESOURCES 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the EHNR - Environmental Man- 
agement Commission intends to amend rules cited 
as 15A NCAC 2H .0103, .0201 -.0204, .1001 - 
.1003; adopt 2H .1005 - .1013; and repeal 2H 
.1004. 

Ihe proposed effective date of this action is July 
1, 1995. 

1 he public hearings will be conducted: 

January 24, 1995 

7:00 p.m. 

Ground Floor Hearing Room 

Archdale Building 

512 N. Salisbury Street 

Raleigh, N.C. 

January 26, 1995 

7:00 p.m. 

Joslyn Hall 

Carteret Community College 

3505 Arendell Street 

Morehead City, N. C 

January 30, 1995 

7:00 p.m. 

Building B - Room 202 

College of the Albemarle 

U.S. Hwy. 17 North 

Elizabeth City, N C. 



Reason for Proposed Action: 
comment on proposals to 



To gather public 
modify existing 
stormwater management rules and related 
modifications to discharge and non-discharge rules 
(Tale 15A NCAC 2H . 0100, 2H . 0200, 2H . 1000). 



EXPLANATION OF PROPOSED RULE 
AMENDMENTS: 

Background: The modifications proposed would 
apply to the stormwater management programs in 
the twenty coastal counties and in areas draining to 
High Quality Waters (HQW) and Outstanding 
Resource Waters (ORW). A major portion of the 
modifications to the rules were previously 
proposed by the Environmental Management 
Commission (EMC) and Division of 
Environmental Management (DEM), and taken to 
public hearing in January of 1993. During the 
review process conducted in 1993, it became 
apparent that additional modifications were needed 
to address questions regarding implementation and 
compliance issues and to assure appropriate 
authorities for long-term compliance with the 
rules. The proposed rules presented here include 
the modifications taken to public hearing in 1993 
as well as changes being proposed to address the 
implementation and compliance issues. The 
stormwater programs associated with the proposed 
rule changes have been in place since 1988. Over 
that time, various issues related to the 
implementation of these programs and specific 
components of the rules have been recognized. 
The proposed rules have been developed in 
response to these issues and are intended to make 
the rules clearer and more easily understood. The 
following information outlines the general areas 
where changes to the rules are proposed. 

Consolidation of Stormwater Requirements: One 
of the major focuses of the proposed changes to 
the stormwater rules is to consolidate the 
stormwater control provisions for the twenty 
coastal counties, HQW waters and ORW waters in 
one section of the rules. The proposed changes 
would merge these requirements in 15A NCAC 2H 
.1000 (Stormwater Management). This change 
would make it easier for those involved in 
stormwater management to locate the applicable 
parts of the rules. 



9:18 



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December 15, 1994 



1405 



PROPOSED RULES 



Incorporation of Directives : The proposed chang- 
es would put into rule format provisions that have 
previously been implemented as DEM policy and 
"directives." These are essentially interpretations 
of the rules that DEM has made in the past and 
continues to implement. DEM has documented 
these interpretations through "directives" to ensure 
consistent implementation and to make these 
provisions available to those who may be covered 
by the rules. 

Clarifications: The proposed changes will help to 
clarify portions of the existing rules, make the 
intent of those provisions more apparent and allow 
more flexibility for different engineering 
stormwater control measures. These clarifications 
are reflected throughout the proposed rules. The 
proposed modifications also change the format of 
the stormwater rules. It is hoped that this restruc- 
turing will make the rules clearer, easier to read 
and allow everyone to better understand where 
certain provisions are applicable throughout the 
state. 

Removal of Exemption: One specific area of 
change in the proposed rules involves the removal 
of an exemption that has created a loophole under 
the current rules. In the stormwater programs 
covered in these rules, only those projects that 
require a Sedimentation/Erosion Control Plan or a 
CAMA Major Permit are subject to the stormwater 
requirements. In addition, the existing coastal 
rules also exempt any project that proposes actual 
built-upon area of less than one acre. To try and 
minimize the cumulative impacts of projects of this 
type, the proposed rules would eliminate this 
additional exemption (1 acre of built-upon area). 
The exemptions based on Sedimentation/Erosion 
Control and CAMA requirements would still 
remain. 

More Formal Permitting Requirements: The last 
general area of changes in the proposed rules 
addresses the development of more formal permit- 
ting procedures for development projects that are 
subject to stormwater management requirements. 
Under the existing stormwater rules, projects are 
"deemed permitted" in accordance with N.C.G.S. 
143-215. 1(d) when they comply with certain 
provisions spelled out in the rules. Based on 
reviews of the existing provisions and their current 
effectiveness, it is apparent that the proposed 
permitting strategies will result in a better founda- 
tion for long-term compliance with the stormwater 
management requirements. The proposed permits 



would continue to be issued under the non- 
discharge permitting program (N.C.G.S. 143- 
215.1(d)). These rules are structured for coverage 
of stormwater management systems through indi- 
vidual permits or general permits. This change is 
not a new requirement for a permit; it is actually 
only a change in the administration of an existing 
permit. Stormwater certifications issued under the 
existing stormwater programs have always been 
subject to the permitting, compliance and enforce- 
ment provisions of N.C.G.S. 143-215.1. The 
major changes to this process are a more struc- 
tured permitting process and the institution of 
permit application and management fees. The 
proposed fee system ranges from $225 for Low 
Density projects to $385 for High Density pro- 
jects. The fees will supplement resources for 
review and inspection under the stormwater pro- 
grams. 

The EMC will utilize the information gathered 
during the hearing process to adopt final 
Stormwater Management Rules. IT IS VERY 
IMPORTANT THAT ALL INTERESTED AND 
POTENTIALLY AFFECTED PERSONS OR 
PARTIES MAKE THEIR VIEWS KNOWN 
(INCLUDING THE PERCEIVED ECONOMIC 
AND SOCIAL COSTS/BENEFITS) TO THE 
EMC WHETHER IN FAVOR OF OR OPPOSED 
TO ANY OR ALL PROVISIONS OF THE 
PROPOSED STORMWATER MANAGEMENT 
RULES REVISIONS BEING NOTICED HEREIN. 
THE EMC MAY, IN ACCORDANCE WITH 
N.C.G.S. 150B-21.2, MAKE CHANGES IN 
FINAL RULES WITHOUT RENOTICE AND 
REHEARING AS LONG AS THE FINAL 
RULES ARE A LOGICAL OUTGROWTH OF 
THE PUBLIC HEARING AND PUBLIC 
COMMENT PROCEEDINGS AND AS LONG 
AS THE ADOPTED RULES DO NOT DIFFER 
SUBSTANTIALLY FROM THE PROPOSED 
RULES. IN ACCORDANCE WITH THIS 
AUTHORITY, THE EMC MAY ADOPT FINAL 
STORMWATER MANAGEMENT 
REQUIREMENTS THAT ARE MORE OR LESS 
STRINGENT THAN THOSE BEING NOTICED 
IF THE EMC DETERMINES THAT THE FINAL 
ADOPTED RULES DO NOT DIFFER 
SUBSTANTIALLY FROM, AND ARE A 
LOGICAL OUTGROWTH OF THE NOTICE, 
PUBLIC HEARING AND PUBLIC COMMENTS 
RECEIVED. 

Lsomment Procedures: All persons interested in 



1406 



NORTH CAROLINA REGISTER 



December 15, 1994 



9:18 



PROPOSED RULES 



this matter are invited to attend. Comments, data, 
statements and other information may be submitted 
prior to, during or within 30 days after the last 
public hearing or may be presented verbally at the 
hearings. Verbal statements may be limited at the 
discretion of the hearing officer. Submittal of 
written copies of verbal statements is encouraged. 
The proposed effective date for final Stormwater 
Management Rules pursuant to this hearing 
process is July 1, 1995. ALL INTERESTED AND 
POTENTIALLY AFFECTED PERSONS ARE 
STRONGLY ENCOURAGED TO READ THIS 
ENTIRE NOTICE INCLUDING THE PROPOSED 
RULES AND MAKE THEIR VIEWS KNOWN TO 
THE EMC Written comments or requests for 
additional information should be submitted to: 
Bradley Bennett, Nonpoint Source Planning 
Group, Division of Environmental Management, 
P.O. Box 29535, Raleigh NC 27626-0535, (919) 
733-5083. 

1 hese Rules affect the expenditures or revenues 
of local funds. A fiscal note was submitted to the 
Fiscal Research Division on August 31, 1994, 
OSBM on August 29, 1994, N.C. League of 
Municipalities on August 31, 1994, and N.C. 
Association of County Commissioners on August 
31, 1994. 

CHAPTER 2 - ENVIRONMENTAL 
MANAGEMENT 

SUBCHAPTER 2H - PROCEDURES 
FOR PERMITS: APPROVALS 

SECTION .0100 - POINT SOURCE 

DISCHARGES TO THE SURFACE 

WATERS 

.0103 DEFINITION OF TERMS 

The terms used in this Section shall be as defined 
in G.S. 143-213 and as follows: 

(1) "Authorization to Construct" means a 
permit required for the construction of 
water pollution control facilities 
necessary to comply with the terms and 
conditions of an NPDES permit. 

(2) "Certificate of Coverage" means the 
approval given dischargers that meet the 
requirements of coverage under a general 
permit. 

(3) "Commission" means the Environmental 
Management Commission. 

(4) "Committee" means the NPDES 



committee of the Environmental 
Management Commission. 

(5) "Department" means the Department of 
Environment, Health, and Natural 
Resources. 

(6) "Director" means the Director of the 
Division of Environmental Management, 
Department of Environment, Health, and 
Natural Resources or his designee. 

(7) "Division" means the Division of 
Environmental Management, Department 
of Environment, Health, and Natural 
Resources. 

(8) "EPA" means the United States 
Environmental Protection Agency. 

(9) "Existing", with respect to implementing 
the NPDES permitting program, means: 

(a) Facilities which physically exist and 
have been legally constructed, i.e., 
health department or other agency 
approval or constructed prior to any 
regulatory requirements. 

(b) Facilities which have received an 
NPDES Permit and have received an 
Authorization to Construct and have 
constructed or begun significant 
construction of any wastewater 
treatment facilities within the term of 
the current permit. 

(c) Facilities which have received a phased 
NPDES Permit and have received an 
Authorization to Construct for a phase 
of the permitted flow and have 
constructed or begun significant 
construction of the phased wastewater 
treatment facilities. 

(d) For the purpose of this definition, 
significant construction will be 
considered as more than a token or 
nominal investment of money or other 
resources in the actual construction of 
the wastewater treatment facility, based 
on the facility size, complexity, cost 
and the required construction time for 
completion. 

(10) "General Permit" means an NPDES a 
"permit" issued under G.S. 
143-215. 1(b)(3) and (4) and 40 CFR 
122.28 authorizing a category of similar 
discharges to surface waters. 

(11) "Mine Dewatering" means discharges of 
uncontaminated infiltrate and stormwater 
from mine excavation and the water that 
is removed to lower the water table to 
allow mining in an area. 



9:18 



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December 15, 1994 



1407 



PROPOSED RULES 



(12) "Municipality" means a city, town, 
borough, county, parish, district, or other 
public body created by or under State 
law. 

(13) "NPDES" means a National Pollutant (18) 
Discharge Elimination System permit 

required for the operation of point source 
discharges in accordance with the 
requirements of Section 402 of the 
Federal Water Pollution Control Act, 33 
U.S.C. Section 1251 et seq. 

(14) "New", with respect to implementing the 
NPDES permitting program, means: 

(a) Proposed facilities that do not have a 

NPDES Permit nor have any facilities (19) 

constructed. 

(b) Facilities which physically exist, 
however are illegally constructed, i.e., 
no required agency approvals. 

(c) Facilities which have received an 
NPDES Permit and have received an 
Authorization to Construct but have not 
begun significant construction of any 
wastewater treatment facilities within (20) 
the term of the current permit. 

(d) Any increases in treatment plant 
hydraulic capacity, which has not 
received an Authorization to Construct 
will be considered new and new 
effluent limitations and other 
requirements, if applicable, would be 
imposed for the entire facility. 

(e) For the purpose of this definition, (21) 
significant construction will be 
considered as more than a token or (22) 
nominal investment of money or other 

resources in the actual construction of 
the wastewater treatment facility, based 
on the facility size, complexity, cost 
and the required construction time for 
completion. 

(15) "New Source" means any industrial 
installation, from which there may be a (23) 
discharge, the construction or 
modification of which is commenced on 

or after the date of publication of new 
source performance standards or 
pretreatment standards for new sources 
by the Environmental Protection Agency. 

(16) "New Source Performance Standards" 
means those standards of performance 
applied to industrial discharges defined as 
new sources. 

(17) "Notice of Intent" means formal written 
notification to the Division that a 



discharge^ facility or activity is intended 
to be covered by a general permit and 
takes the place of "application" used with 
individual permits. 

"Oil terminal storage facilities" means 
petroleum bulk storage, product transfer, 
loading, unloading, and related areas but 
does not include marinas or facilities 
primarily engaged in the retail sale of 
petroleum products. Oil/water separators 
such as those at maintenance garages, gas 
stations, and National Guard and military 
reserve facilities are included in this 
definition. 

"Once-through non-contact cooling 
water" means water taken from wells, 
surface waters, or water supply systems 
and used in a non-contact cooling system 
without the addition of biocides or other 
chemical additives. Boiler blowdown 
waters are included in this definition. 
Nuclear and fossil fuel electric generating 
plants are not included in this definition. 
"Point Source Discharge" means any 
discernible, confined, and discrete 
conveyance, including, but specifically 
not limited to, any pipe, ditch, channel, 
runnel, conduit, well, discrete fissure, 
container, rolling stock, or concentrated 
animal-feeding operation from which 
wastes are or may be discharged to the 
surface waters of the State. 
"POTW" means Publicly Owned 
Treatment Works. 

"Pretreatment standard" means any 
regulation containing pollutant discharge 
limits for indirect dischargers for 
ensuring compliance with Section 307(b) 
and (c) of the Clean Water Act, 33 
U.S.C. Section 1251 et seq. This term 
includes prohibited discharge limits and 
local sewer use ordinance limits. 
"Primary industry" means an industry 
listed in 40 CFR 122, Appendix A which 
is hereby incorporated by reference 
including any subsequent amendments. 
Copies of this publication are available 
from the Government Institutes. Inc., 4 
Research Place, Suite 200, Rockville, 
MD 20850-1714 for a cost of thirty-six 
($36.00) each plus four dollars ($4.00) 
shipping and handling. Copies are also 
available at the Division of 
Environmental Management, Archdale 
Building, 512 N. Salisbury Street, 



1408 



NORTH CAROLINA REGISTER 



December 15, 1994 



9:18 



PROPOSED RULES 



(24) 



(25) 



(26) 



(27) 



Raleigh, North Carolina 27604. 

"Professional Engineer" means a person 

who is presently registered and licensed 

as a professional engineer by the North 

Carolina State Board of Registration For 

Professional Engineers and Land 

Surveyors. 

"Sand dredge" means a facility to remove 

sand from river bottoms. No other 

mining activities are included in this 

definition. 

"Seafood packing facility" means a 

business which is primarily engaged in 

the sorting and packing of fresh seafood 

and which has a discharge consisting 

entirely of washdown and rinse water. 

Trout packing facilities are included in 

this definition. Wastewaters from 

seafood processing plants are not 

included in this definition. 

"Seafood processing facility" means a 

business which is primarily engaged in 

the removal of heads, entrails, fins or 

scales, filleting, cooking, canning, or 

preparation of fresh seafood. 

"Staff" means the staff of the Division of 

Environmental Management, Department 

of Environment, Health and Natural 

Resources. 

"Stormwater" means the flow of water 

which results from precipitation and 

which occurs immediately following 

rainfall or a snowmelt. 

"Swimming pool filter backwash" means 

normal filter backwash water from both 

public and private swimming pools as 

well as spas with backwash filter 

facilities. 

"Tourist Gem Mine" means a business 

which is primarily engaged in the 

recreational practice of removing gems 

and semi-precious stones from mined 

material. 

"Trout farm" means a facility for the 

commercial production of trout. 

"Water filtration facility" means 

backwash filters and sludge disposal 

systems associated with water treatment 

plants and backwash filters associated 

with wells. 



Statutory Authority G.S. 143-213; 143-215. 1(a); 
143-21 5. 3 (a)(1). 

SECTION .0200 - WASTE NOT 



(28) 



(29) 



(30) 



(31) 



(32) 
(33) 



DISCHARGED TO SURFACE WATERS 

.0201 PURPOSE 

These Rules set forth the requirements and 
procedures for application and issuance of permits 
for the following systems which do not discharge 
to surface waters of the state: 

(1) sewer systems; 

(2) disposal systems; 

(3) treatment works; and 

(4) residual and residue disposal/utilization 
systems; 

(5) animal waste management systems; and 

(6) treatment of petroleum contaminated 
soils, soils; and 

(7) stormwater management systems pursuant 
to 15A NCAC 2H .1000. 



Statutory Authority G. S. 
143-215. 1. 



143-215. 3(a)(1); 



.0202 SCOPE 

These Rules apply to all persons proposing to 
construct, alter, extend, or operate any sewer 
system, treatment works, disposal system, 
petroleum contaminates soil treatment system, 
animal waste management system,, stormwater 
management system or residual disposal/utilization 
system which does not discharge to surface waters 
of the state, including systems which discharge 
waste onto or below land surface. However, these 
rules do not apply to sanitary sewage systems or 
solid waste management facilities which are 
permitted under the authority of the Commission 
for Health Services. The provisions for 

stormwater management systems can be found in 
15A NCAC 2H .1000. 



Statutory Authority G.S. 
143-215. 3(a)(1). 



130A-335; 143-215.1; 



.0203 DEFINITION OF TERMS 

The terms used in this Section shall be as defined 
in G.S. 143-213 except for G.S. 143-213(15) and 
(18)a. and as follows: 

(1) "Agronomist" means an individual who is 
a Certified Professional Agronomist by 
ARCPACS (American Registry of 
Certified Professionals in Agronomy, 
Crops and Soil) or an individual with a 
demonstrated knowledge in agronomy. 

(2) "Animal waste" means livestock or 
poultry excreta or a mixture of excreta 
with feed, bedding, litter or other 
materials. 



9:18 



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December 15, 1994 



1409 



PROPOSED RULES 



(3) "Animal waste management system" 
means a combination of structural and 
non-structural practices which will 
properly collect, treat, store or apply 
animal waste to the land such that no 
discharge of pollutants occurs to surface 
waters of the state by any means except 
as a result of a storm event more severe 
than the 25-year, 24-hour storm. 

(4) "Approved animal waste management 
plan" means a plan to properly collect, 
store, treat or apply animal waste to the 
land in an environmentally safe manner 
and approved according to the procedures 
established in 15A NCAC 2H 
.0217(a)(1)(H). 

(5) "Bedrock" means any consolidated or 
coherent and relatively hard, 
naturally-formed mass of mineral matter 
which cannot be readily excavated 
without the use of explosives or power 
equipment. 

(6) "Building" means any structure or part of 
a structure built for the separate shelter 
or enclosure of persons, animals, 
chattels, or property of any kind and 
which has enclosing walls for at least 50 
percent of its perimeter. Each unit 
separated from other units by a four hour 
fire wall shall be considered as a separate 
building. 

(7) "Building drain" means that part of the 
lowest piping of a drainage system which 
receives waste from inside the building 
and conveys it to the building sewer 
which begins ten K) feet outside the 
building wall. 

(8) "Building sewer" means that part of the 
horizontal piping of a drainage system 
which receives the discharge from a 
single building drain and conveys it 
directly to a public sewer, private sewer, 
or on-site sewage disposal system. 
Pipelines or conduits, pumping stations 
and appliances appurtenant thereto will 
not be considered to be building sewers if 
they traverse adjoining property under 
separate ownership or travel along any 
highway right of way. 

(9) "C horizon" means the unconsolidated 
material underlying the soil solum, which 
may or may not be the same as the parent 
material from which the solum is formed 
but is below the zones of major 
biological activity and exhibits 



(10) 



(11) 
(a) 



(b) 

(0) 



(12) 



(13) 

(14) 

(a) 

(b) 

(c) 

(15) 



(16) 



characteristics more similar to rock than 
to soil. 

"Director" means the Director of the 
Division of Environmental Management, 
Department of Environment, Health, and 
Natural Resources or his delegate. 
"Dedicated site" means a site: 
to which residuals are applied at rates 
or frequencies greater than 
agronomically justifiable, or where the 
primary use of the land is for residual 
disposal and crop or ground cover 
production is of secondary importance, 
any residual disposal site designated by 
the Director, or 

where the primary use of the land is for 

the repetitive treatment of soils 

containing petroleum products or 

petroleum contaminated residues and 

crop or ground cover production is of 

secondary importance. 

"Deemed permitted" means that a facility 

is considered as having a needed permit 

and being compliant with the permitting 

requirements of G.S. 143-215. 1(a) even 

though it has not received an individual 

permit for its construction or operation. 

"Division" or "(DEM)" means the 

Division of Environmental Management, 

Department of Environment, Health, and 

Natural Resources. 

"Existing animal waste management 
system" means any animal waste 
management system which: 
was completed and was being operated 
on the effective date of this Rule, 
serves a feedlot stocked with animals 
after the effective date of this Rule and 
has been deemed permitted pursuant to 
15A NCAC 2H .0217(a)(1), or 
serves a feedlot that has been 
abandoned or unused for a period of 
less than four years. 
"Expanded animal waste management 
system" means animal waste treatment 
and storage facilities which require an 
increase over the existing animal waste 
design treatment and storage capacity due 
to an increase in animal population at the 
feedlot. 

"Feedlot" means a lot or building or 
combination of lots and buildings 
intended for the confined feeding, 
breeding, raising or holding of animals 
and specifically designed as a 



1410 



NORTH CAROLINA REGISTER 



December 15, 1994 



9:18 



PROPOSED RULES 



confinement area in which animal waste 
may accumulate or where the 
concentration of animals is such that an 
established vegetative cover cannot be 
maintained. The confinement period 
must be for at least 45 days out of a 12 
month period and not necessarily 
consecutive days. Pastures shall not be 
considered feedlots under this Rule. 

(17) "General Permit" means a permit issued 
under G.S. 143-215. 1(b)(3) and (4). 

(18) fW)" Groundwaters" means those waters 
in the saturated zone of the earth as 
defined in 15A NCAC 2L. 

(19) fl-8)" Industrial wastewater" means all 
wastewater other than sewage and 
includes: 

(a) wastewater resulting from any process 
of industry or manufacture, or from the 
development of any natural resource; (23) 

(b) wastewater resulting from processes of 
trade or business, including wastewater 
from laundromats and 
vehicle/equipment washes, but not 
wastewater from restaurants; 

(c) stormwater will not be considered to be 
an industrial wastewater unless it is 
contaminated with an industrial 
wastewater; 

(d) any combination of sewage and 
industrial wastewater; 

(e) municipal wastewater will be 
considered to be industrial wastewater 
unless it can be demonstrated to the 
satisfaction of the Division that the 
wastewater contains no industrial 
wastewater; 

(f) Petroleum contaminated groundwater 
extracted as part of an approved 
groundwater remediation system. 

(20) fW)" Infiltration Systems" means a 
subsurface ground absorption system (24) 
expressly designed for the introduction of 
previously treated petroleum 
contaminated water into the subsurface 
environment. 

(21) {3Q)"New animal waste management 
system" means animal waste management 
systems which are constructed and 
operated at a site where no feedlot 
existed previously or where a system 
serving a feedlot has been abandoned or 
unused for a period of four years or more 
and is then put back into service. 

(22) {24} " Process to Further Reduce (25) 



Pathogens" or "PFRP" means a residuals 
stabilization process that reduces 
pathogens to below detection levels. The 
procedures that may be utilized to meet 
this requirement are contained in 40 CFR 
257, Appendix II which is hereby 
incorporated by reference including any 
subsequent amendments and editions. 
Copies of this publication are available 
from the Government Institutes, Inc., 4 
Research Place, Suite 200, Rockville, 
MD 20850-1714 for a cost of thirty-six 
dollars ($36.00) each plus four dollars 
($4.00) shipping and handling. Copies 
are also available for review at the 
Division of Environmental Management, 
Archdale Building, 512 N. Salisbury 
Street, P. O. Box 29535, Raleigh, North 
Carolina 27626-0535. 
{33)"Process to Significantly Reduce 
Pathogens" or "PSRP" means a residuals 
stabilization process that provides the 
minimal acceptable lever of pathogen and 
vector attraction reduction prior to land 
application. The procedures that may be 
utilized to meet this requirement are 
contained in 40 CFR 257, Appendix II 
which is hereby incorporated by 
reference including any subsequent 
amendments and editions. Copies of this 
publication are available from the 
Government Institutes, Inc., 4 Research 
Place, Suite 200, Rockville, MD 
20850-1714 for a cost of thirty-six dollars 
($36.00) each plus four dollars ($4.00) 
shipping and handling. Copies are also 
available for review at the Division of 
Environmental Management, Archdale 
Building, 512 N. Salisbury Street, P.O. 
Box 29535, Raleigh, North Carolina 
27626-0535. 

{2-3}" Petroleum contaminated soil" or 
"Soil containing petroleum products" 
shall mean any soil that has been exposed 
to petroleum products because of any 
emission, spillage, leakage, pumping, 
pouring, emptying, or dumping of 
petroleum products onto or beneath the 
land surface and that exhibits 
characteristics or concentrations of 
typical petroleum product constituents in 
sufficient quantities as to be detectable by 
compatible laboratory analytical 
procedures. 
{34)"Petroleum product" means all 



9:18 



NORTH CAROLINA REGISTER 



December 15, 1994 



1411 



PROPOSED RULES 



petroleum products as defined by G.S. 

143-215. 94A(7) and includes motor 

gasoline, aviation gasoline, gasohol, jet (34) 

fuels, kerosene, diesel fuel, fuel oils 

(#l-#6), and motor oils (new and used). 

(26) (3S)" Pollutant" means waste as defined in 
G.S. 143-213(18). 

(27) (36)"Private sewer" means any part of a 
sewer system which collects wastewater 
from more than one building, is privately 
owned and is not directly controlled by a 

public authority. (35) 

(28) (37-)"Professional engineer" means a 
person who is presently registered and 
licensed as a professional engineer by the 
North Carolina State Board of 
Registration For Professional Engineers (36) 
and Land Surveyors. 

(29) {38)" Public or community sewage 
system " means a single system of sewage 
collection, treatment, or disposal owned 
and operated by a sanitary district, a 
metropolitan sewage district, a water and (37) 
sewer authority, a county, a municipality, 

or a public utility. 

(30) (39)"Public sewer" means a sewer 
located in a dedicated public street, 
roadway, or dedicated public 
right-of-way or easement which is owned (38) 
or operated by any municipality, county, 

water or sewer district, or any other 
political subdivision of the state 
authorized to construct or operate a 
sewer system. 

(31) (3Q)"Rapid infiltration system" means 
rotary distributor systems or other similar 
systems that dispose of tertiary treated 
waste at high surface area loading rates 
of greater than 1 .5 gpd/ft 2 . 

(32) (34)"Residuals" means any solid or 
semisolid waste, other than residues from 
agricultural products and processing 
generated from a wastewater treatment 
facility, water supply treatment facility or 
air pollution control facility permitted 
under the authority of the Environmental 
Management Commission. 

(33) (33)"Residues from agricultural products (39) 
and processing" means solids, semi-solids 

or liquid residues from food and 

beverage processing and handling; 

silviculture; agriculture; and aquaculture (40) 

operations permitted under the authority 

of the Environmental Management 

Commission that are non-toxic. 



non-hazardous and contain no domestic 
wastewater. 

03) "Sewage" means the liquid and solid 
human waste, and liquid waste generated 
by domestic water-using fixtures and 
appliances, from any residence, place of 
business, or place of public assembly. 
Sewage does not include wastewater that 
is totally or partially industrial 
wastewater, or any other wastewater not 
considered to be domestic waste. 
(34) "Sewer system" means pipelines or 
conduits, pumping stations, specialized 
mode of conveyance and appliances 
appurtenant thereto, used for conducting 
wastes to a point of ultimate disposal. 
(35)"Soil remediation at conventional 
rates" means the utilization of soils 
containing petroleum products by land 
application methods, at an evenly 
distributed thickness not to exceed six 
inches. 

(34) "Soil remediation at minimum rates" 
means the treatment of soils containing 
petroleum products by land application 
methods, at an evenly distributed 
application thickness not to exceed an 
average of one inch. 

(37)"Soil scientist" means an individual 
who is a Certified Professional in Soils 
through the NCRCPS (N.C. Registry of 
Certified Professionals in Soils) or a 
Certified Professional Soil Scientist or 
Soil Specialist by ARCPACS (American 
Registry of Certified Professionals in 
Agronomy, Crops and Soils) or a 
Registered Professional Soil Scientist by 
NSCSS (the National Society of 
Consulting Soil Scientist) or can provide 
documentation that he/she meets the 
minimum education and experience 
requirements for certification or 
registration by one or more of the 
organizations named in this Subparagraph 
or upon approval by the Director, an 
individual with a demonstrated 
knowledge of Soil Science. 
(38) "Staff" means the staff of the 
Division of Environmental Management, 
Department of Environment, Health, and 
Natural Resources. 

"Storm water" means the flow of water 
which results from precipitation and 
which occurs immediately following 
rainfall or snowmelt. 



1412 



NORTH CAROLINA REGISTER 



December 15, 1994 



9:18 



PROPOSED RULES 



(41) {39)"Subsurface ground absorption 
sewage disposal system" means a waste 
disposal method which distributes waste 
beneath the ground surface and relies 
primarily on the soil for leaching and 
removal of dissolved and suspended 
organic or mineral wastes. Included are 
systems for public or community sewage 
systems and systems which are designed 
for the disposal of industrial wastes. 
Land application systems utilizing 
subsurface residual injection are not 
included. 

(42) £40) "Surface waters" means all waters of 
the state as defined in G.S. 143-212 
except underground waters. 

(43) <44)"Toxicity test" means a test for 
toxicity conducted using the procedures 
contained in 40 CFR 261, Appendix II 
which is hereby incorporated by 
reference including any subsequent 
amendments and editions. Copies of this 
publication are available from the 
Government Institutes, Inc., 4 Research 
Place, Suite 200, Rockville, MD 
20850-1714 for a cost of thirty-six dollars 
($36.00) each plus four dollars ($4.00) 
shipping and handling. Copies are also 
available for review at the Division of 
Environmental Management, Archdale 
Building, 512 N. Salisbury Street, RO. 
Box 29535, Raleigh, North Carolina 
27626-0535. 

(44) {42) "Treatment works or disposal system 
which does not discharge to surface 
waters" means any treatment works, 
facility or disposal system which is 
designed to: 

(a) operate as closed system with no 
discharge to waters of the state, or 

(b) dispose/utilize of wastes, including 
residuals, residues, contaminated soils 
and animal waste, to the surface of the 
land, or 

(c) dispose of wastes through a subsurface 
absorption system. 

(45) {43)" Waste oil" means any used 
nonhazardous petroleum product other 
than crankcase oil. Crankcase oil mixed 
with other used nonhazardous petroleum 
products will be considered as waste oil. 



.0204 ACTIVITIES WHICH REQUIRE 
A PERMIT 

No person shall do any of the things or carry out 
any of the activities contained in N.C.G.S. 
143-215. 1(a)(1) thru fiO) £1_0 until or unless the 
person shall have applied for and received a permit 
from the Director (or if appropriate an approved 
local sewer system program) and shall have 
complied with the conditions prescribed in the 
permit. 



Statutory Authority G.S. 
143-215. 3(a)(1). 



130A-335; 143-215.1; 



Statutory Authority 
143-21 5. 3(a)(1). 



G.S. 130A-335; 143-213; 



SECTION .1000 - STORMWATER 
MANAGEMENT 

.1001 STORMWATER MANAGEMENT 
POLICY 

(a) The increase in stormwater runoff associated 
with land development activities can substantially 
increase inputs of wa s te con s tituents pollutants 
present in stormwater to waters of the state over 
that which occurs in natural, undeveloped 
watersheds. The increased pollutant loading from 
stormwater runoff may degrade ambient water 
quality, adversely impact best usage or otherwise 
violate water quality standards. For these reasons, 
it is the goal of the Commission to minimize any 
water quality impacts of development activities to 
ensure that existing and designated uses are 
maintained and protected in accordance with the 
provisions of this Section. In establishing this 
goal, the Commission recognizes that the U.S. 

Environmental Protection Agency w4H be 

e stabli s hing has established permit requirements 
and best management practices for stormwater 
point sources pursuant to the Federal Water 
Pollution Control Act as amended. 

(b) The rules in this Section set forth the 
requirements for application and issuance of 
permits for stormwater management systems in 
accordance with G.S. 143-215. 1(d) and 15A 
NCAC 2H .0200. These requirements to control 
pollutants associated with stormwater runoff apply 
to development of land for residential, 
commercial, industrial, or institutional use but do 
not generally apply to land management activities 
associated with agriculture or silviculture unless 
specifically addressed in special supplemental 
classifications and management strategies adopted 
by the Commission . 

Statutory Authority G.S. 143-214.1; 143-214.7; 
143-215.1; 143-215. 3(a)(1). 



9:18 



NORTH CAROLINA REGISTER 



December 15, 1994 



1413 



PROPOSED RULES 



.1002 DEFINITIONS 

The definition of any word or phrase in this 
Section shall be the same as given in Article 21, 
Chapter 143 of the General Statutes of North 
Carolina, as amended. Other words and phrases 
used in this Section are defined as follows: 

(1) {6)^Built-upon afea Area" means that 
portion of an individual a development 
project that is covered by impervious or 
partially impervious cover including 
buildings, pavement, gravel roads and 
parking areas, recreation facilities (e.g., 
tennis courts) , etc. but not including 
decking (Note: Wooden slatted decks 
and the water area of a swimming pool 
are considered pervious) . 

(2) {44)^CAMA major Major development 
Development permits Permits" mean 
those permits or revised permits required 
by the Coastal Resources Commission 
according to 15A NCAC 7J Sections 
.0100 and .0200. 

(3) "Certificate of Storm water Compliance" 
means the approval for activities that 
meet the requirements for coverage under 
a storm water general permit for 
development activities that are regulated 
by this Section. 

(4) {9)" Coastal Counties^ include Beaufort, 
Bertie, Brunswick, Camden, Carteret, 
Chowan, Craven, Currituck, Dare, 
Gates, Hertford, Hyde, New Hanover, 
Onslow, Pamlico, Pasquotank, Pender, 
Perquimans, Tyrrell, and Washington-^ 

(5) "Curb Break System" means curb and 
gutter installed in a development which 
meets low density criteria fRule 
. 1003(c)( 1 ) of this Section! with breaks in 
the curb used to convey storm water 
runoff to grassed swales and designed in 
accordance with Rule .1008(g) of this 
Section. 

(6) ^"Development^ means any land 
disturbing activity which adds — to — er 
change s increases the amount of 
impervious or partially impervious cover 
en — a — land built-upon area or which 
otherwise decreases the infiltration of 
precipitation into the soiL thu s altering 
the — hydrological — characteristics — of the 
ftr^-ft , 

(7) {3)^Drainage afea Area or watershed 
Watershed" means that the entire area 
contributing surface runoff to a single 
pointy mea s ured in a horizontal plane 



18) 



m 



(10) 



Oil 



<12) 



(13) 



(14) 



(15) 



which is enclo s ed by a ridge line; 
"Forebay" means a device located at the 
head of a wet detention pond to capture 
incoming sediment before it reaches the 
main portion of the pond. The forebay is 
typically an excavated settling basin or a 
section separated by a low weir. 
"General Permit" means a "permit" 



issued under G.S. 



143-215. 1(b)(3) and 
category of similar 



(4) authorizing a 
activities or discharges. 
{^Infiltration systems Systems" mean 
stormwater treatment control systems 
designed to allow runoff to pass or move 
(infiltrate/exfiltrate) into the soiL surface; 
"Notice of Intent" means a formal written 
notification to the Division that an 
activity or discharge is intended to be 
covered by a general permit and takes the 
place of "application" used with 
individual permits. 

(§)^Off-site s tormwater Stormwater 
s ystems System " mean the stormwater 
management systems that are located 
outside the boundaries of the specific 
project in question, but designed 
necessary to control stormwater drainage 
from that project and other potential 
development sites. more — than — one 
development which — is These systems 
shall designate responsible parties for 
operation and maintenance and may be 
owned and operated as a duly licensed 
utility or by a local government-; 
{4)^On-site s tormwater Stormwater 
systems System" mean the systems 
necessary to control stormwater within an 
individual development project and 
located within the project boundaries. -, 
^^Redevelopment" means any 

rebuilding activity following fires, 

hurricane s or other natural di s aster or 

other public restoration projects 

designated by the Commission; which has 
no net increase in built-upon area or 
which provides equal or greater 
stormwater control than the previous 
development (stormwater controls shall 
not be allowed where otherwise 
prohibited). 

"Seasonal High Water Table" means the 
highest level that groundwater, at 
atmospheric pressure, reaches in the soil 
in most years. The seasonal high water 
table is usually detected by the mottling 



1414 



NORTH CAROLINA REGISTER 



December 15, 1994 



9:18 



PROPOSED RULES 



of the soil that results from mineral 
leaching. 

(16) {4Q)^Sedimentation/ cro 9 ion Erosion 
control Control plea Plan" means any 
plan^ amended plan or revision to an 
approved plan submitted to the Division 
of Land Resources or delegated authority 
in accordance with G.S. 113A-57. 45A 
NCAC 4 B .0005. 

(17) "Stormwater" means the flow of water 
which results from precipitation and 
which occurs immediately following 
rainfall or a snowmelt. 

(18) {4-£)^Stormwater collection Collection 
s ystem System means any conduit, pipe, 
channel, curb or gutter for the primary 
purpose of transporting (not treating) 
runofL bat A storm water collection 
system does not include grassed vegetated 
swales, swales stabilized with armoring 
or alternative methods where natural 
topography prevents the use of vegetated 
swales (subject to case-by-case review) , 
curb break systems, or pipes used to 
carry drainage underneath built-upon 
surfaces that are associated with 
development controlled by the provisions 
of Rule .1003 (a) (2) and (3) (c)(1) in 
this Section. 

(19) "10 Year Storm" means the surface 
runoff resulting from a rainfall of an 
intensity expected to be equalled or 
exceeded, on the average, once in 10 
years, and of a duration which will 
produce the maximum peak rate of 
runoff, for the watershed of interest 
under average antecedent wetness 
conditions. 

(20) "Water Dependent Structures" means a 
structure for which the use requires 
access or proximity to or siting within 
surface waters to fulfill its basic purpose, 
such as boat ramps, boat houses, docks, 
and bulkheads. Ancillary facilities such 
as restaurants, outlets for boat supplies, 
parking lots and boat storage areas are 
not water dependent uses. 

(21) {8) "Wet detention Detention pond Pond" 
means a structure that provides for the 
storage and treatment control of runoff 
and includes a designed and maintained 
permanent pool of water volume . 

(22) "Vegetative Buffer" means an area of 
natural or established vegetation directly 
adjacent to surface waters through which 



storm water runoff flows in a diffuse 
manner to protect surface waters from 
degradation due to development 
activities. The width of the buffer js 
measured horizontally from the normal 
pool elevation of impounded structures, 
from the bank of each side of streams or 
rivers, and from the mean high water line 
of tidal waters, perpendicular to the 
shoreline. 
(23) $±2)Z Vegetative filter Filter" means an 
area of natural or planted vegetation 
through which stormwater runoff flows in 
a diffuse manner so that runoff does not 
become channelized and which provides 
for control of stormwater runoff through 
infiltration of runoff and filtering of 
pollutants. The defined length of the 
filter shall be provided for in the 
direction of stormwater flow defines the 
width of the filter . 



Statutory Authority G.S. 143-213; 
143-214.7; 143-21 5. 3(a)(1). 



.1003 



143-214.1; 



STORMWATER MANAGEMENT: 
COVERAGE: APPLICATION: FEES 

(a) Applicability. The intent of the commission 
is to achieve the water quality protection which 
low density development near productive coastal 
sensitive waters would provide provides . To that 
end, the director Director by applying the 
standards in this Rale Section will cause 
development to comply with the antidegradation 
requirements specified in 15A NCAC 2B .0201 by 
protecting high quality surface waters and highly 
productive aquatic resources from the adverse 
impacts of uncontrolled high density development 
or the potential failure of stormwater control 
measures. Stormwater — control — measures — as 
described in Paragraph s (c) through (1) of thi s Rule 
are required for any development activities in the 
coastal countie s which require a CAMA major 
development permit or a sedimentation/erosion 
control plan after January — h — 1988 unless the 
development: 



ft) is one acre or less; 

(3) drains — to — SA — waters — er — unnamed 

tributaries — to — SA — waters; — has — a 
built upon area of 25 percent or lcs3, or 
proposes development of single family 
re s idences on lota with one third of an 
acre or greater with a built upon area of 
25 percent or less; has no stormwater 
collection system; and built upon area 



NORTH CAROLINA REGISTER 



December 15, 1994 



1415 



PROPOSED RULES 



is at least 30 feet from surface waters; 

{¥) drain s to waters other than SA; has a 

built upon area of 30 percent or less, or 
proposes development of single family 
residences on lota with one third of an 
acre or greater with a built upon area of 
30 percent or le s s; has no stormwatcr 
collection system; and built upon area 
is at least 30 feet from surface waters; 
control s — runoff — through — oh — eff- 



stte 



{4) control s — n» 

s tormwatcr system meeting provi s ion s 

ef- — th4s Ru4e — and — permitted — in 

accordance with G.S. 1 4 3 215.1(d); 

{§-) is — r e development — which — meets — the 

requirements — ef- — this — Rule — te — the 
maximum extent practicable; 

{€) otherwise meets the provision s of thi s 

Rule and has boat ramps, public roads 
and — public — bridges — which — minimize 
imperviou s s urface s , divert stormwatcr 
away from surface waters as much as 
po s sible — and — employ — other — best 
management — practices — te — minimize 
water quality impacts; or 

f7) is certified by the Director that the site 

is — situated — sueh — that — water — quality 
s tandard s and u s es arc not threatened 
and the developer demonstrates that the 

developm e nt meets the following 

criteria: 
{A) — the plan s and s p e cification s indicate 
stormwatcr control — measures which 
wiH — be — in s talled — tn — Hew — ef- — the 
requirements of this Rule, or 
(B) — the development is — located — suen — a 
di s tance — from — s urfac e — waters — that 
impacts — from — pollutants — present — in 
stormwatcr — from — th« — site — wiH — be 
effectively mitigated. 
Development de s igned to meet the low d e n s ity 
requirements in Subparagraphs (2) and (3) of this 
Paragraph mu s t demon s trate that no area s within 
the project site arc of s uch high density that 

stormwatcr — threatens — water — quality. Deed 

restrictions and protective covenants u s ed to ensure 
that — s ubdivision s — maintain — the — development 
consistent — with — th« — plans — and — specifications 
approved by the Division will include the state as 
a beneficiary of the re s triction s . 

(b) Projects with stormwatcr control mea s ure s in 
accordance with the provisions of thi s Rule s hall 

be deemed p e rmitted pursuant te G.S. 

1 4 3 215.1(d) upon receipt of a permit from the 
Division of Coastal Management or plan approval 
from the Division of Land Resources (or delegated 



authority). In addition, — NPDES — permits for 

stormwatcr — point — source s — may — be — required 
according to the provisions of 15A NCAC 211 

T&i36r 



(e) — Stormwatcr Control Options. — Stormwatcr 
control measures which can be approved pursuant 
to this Rule and which will not be considered 
innovative include: 

44j Stormwatcr infiltration systems 

including infiltration basins/ponds, 

s wale s , and vegetative filters; and 
Wet detention pond s . 



fd} — Innovative Systems. — Innovative measure for 
controlling — s torm wat ef — which — afe — net — weii 
established — through — actual — experience — may be 
approved — en — a — demonstration basis — under the 
following conditions: 

{+) There is a reasonable expectation that 

the control measures will be successful; 

$¥) The project s arc not located near high 

quality waters; 

0) Monitoring requirements arc included 

to verify the performance of the control 
measure s ; and 

{A) Alternatives arc available if the control 

measures fail and will be required when 
the Director determines that the s ystem 
ha s fail e d; 



Ne- 



morc than five projects utilizing the same 
innovative control measure will be approved until 
the technology is proven over a time frame to be 
determined on a case by case basis. — The s e five 
projects — wiH — include — projects — approved — since 
November 1, 1986 according to the provisions of 
15A NCAC 2H .0 4 08. 

(c) Design Criteria for Development Draining to 
Outstanding Resource Waters. — Stormwatcr control 
requirements to protect coa s tal waters clas s ified as 
Outstanding Resource Waters (ORW) pursuant to 
15A NCAC 2B .0216 shall be determined in the 
process to reclassify the water s as ORW. — After 
the Commission ha s received a request to classify 
Clas s SA waters as ORW and given permission to 
the — Director to — schedule a public — hearing to 
con s ider reclas s ification and until such time as 
s pecific — storm wat ef — de s ign — criteria — becom e 
effective, — eely — development — which — meet s — the 
r e quir e ments of Paragraph (a) (2), (5) or (6) will 
be approved within 575 feet of mean high water of 
these waters. 

{f) — De s ign Criteria for Development Draining 
Directly to Class SA Waters. 

{+) Direct outlet channel s or pipes to SA 

waters are prohibited unless permitted 
in accordance — with — 15A NCAC 2H 



1416 



NORTH CAROLINA REGISTER 



December 15, 1994 



9:18 



PROPOSED RULES 



m- 



Infiltration — control — s ystems — must — be 
designed to control the runoff from all 
impervious surface s generated by one 
and one half inches of rainfall. — The 



of the 



mse — et — tfee — system — must — take — rate 
account the runoff from any pervious 
surfaces draining to the system. 

(3) Runoff in excess of the design volume 

must flow overland through a vegetative 
filter with a minimum width of 50 feet 
measured from mean high water of SA 
waters; 
{g) De s ign — Criteria — Fei= — Development — Not 



Draining to SA Waters. 

{fy Infiltration — control — systems — must — be 

designed to control the runoff from all 
impervious surfaces generated by one 
inch of rainfall. — The size of the system 
must take into account the runoff from 
any pervious surfaces draining to the 
system; 

(3) Wet detention ponds must be designed 

according to methods approved by the 
Director for 8 5 percent removal of total 
s uspended s olids in the permanent pool 
and storage of runoff from a one inch 
rainfall — from — the — site — above — the 
permanent pool; 

(3) Vegetative filters arc required for the 

overflow and di s charge ef- aH 

stormwatcr wet detention ponds. These 
filters shall be at least 30 feet in length; 

{4) Additional control measures may be 

required on a case by ease basis to 
protect high quality waters or specific 
water uses, 
(h) Infiltration System Requirements. Infiltration 



s ystems may be designed to provide infiltration of 



the entire design rainfall volume required for a site 



or a scries of successive systems may be utilized. 



Infiltration may also be used to prctreat runoff 



prior to disposal in a wet detention ponds. — The 



following are requirements: 

ft) Infiltration systems shall be a minimum 

of 30 feet from surface waters and 50 
feet from Class SA waters; 



m- 



m- 



Infiltration systems shall be a minimum 
distance of 100 feet from water supply 
wells; 



The bottom of infiltration 



be a minimum of 2 



systems 
feet above 



sbaH 



-the 



W- 



seasonal high water table; 

Infiltration systems must be designed 

such that runoff in excess of the design 



volume by passes the s ystem and docs 
not flush pollutants through the system; 

{§} Infiltration system s mu s t be designed to 

completely draw down — to pre s torm 
levels — within — five — days — and — a 
hydrogcologic — evaluation — may — be 
required — te — determine — whether — the 
system con draw down in five days; 

{6) Soils must have a minimum hydraulic 

conductivity of 0.52 inches per hour to 
be suitable for infiltration; 

£7) Infiltration systems must not be s ited on 

or in fill material; 

{&) Infiltration — system s — must — have — an 

observation — weH — te — provide — ready 
inspection of the s ystem; 

{9) If- — runoff is — directed — te — infiltration 

s y s tems — during — construction — ef- — the 

project, the system must be restored to 

design specifications after the project i s 

complete and the entire drainage area i s 

stabilized. 

(i) — Wet Detention Pond Requirements. — These 

practices — can be used as a primary treatment 

device or as a secondary device following an 

infiltration s ystem. — Wet detention ponds shall be 

designed for a specific pollutant removal according 

to modeling techniques approved by the Director. 

Specific requirements for the s e systems are as 

follows; 

ft) the design — storage — volume — shall — be 

above the permanent pool; 

(3) The discharge rate from the s e s y s tems 

following the one inch rainfall design 
storm shall be such that the runoff docs 
not draw down to the permanent pool 
level in less than two day s and that the 
pond is drawn down to the permanent 
pool level within at least five day s ; 

(3) The mean depth shall be a minimum of 



three feet; 



(4)- 



The inlet s tructure mu s t be de s igned to 
minimize turbulence using baffles or 
other appropriate design features; 

(5) Presentment of the runoff by the use of 

infiltration — swales — is — encouraged — te 

minimize — sedimentation — a-n-d 

cutrophication of the detention pond. 

•0 — Vegetative Filter Requirements. — Vegetative 

filters s hall be used as a non structural method for 

providing — additional — infiltration, — filtering — ef 

pollutants — and — minimizing — storm wat ef — impacts. 

Requirements for the s e filters arc as follows: 

ft) A distribution device such as a swale 

shall — be — used — te — provide — even 



9:18 



NORTH CAROLINA REGISTER 



December 15, 1994 



1417 



PROPOSED RULES 



di s tribution of runoff over the length of 
the vegetative filter; 

{23 The slope and width of the vegetative 

filter — shall — be — determin ed — se — as — to 
provide — a — non erosive — velocity — ef 
flow through the filter for a 10 year, 
2 4 hour storm with a 10 year, 1 hour 
intensity and the portion of the filter 
representing the minimum filter width 
s pecified in Paragraphs (f) and (g) of 
this Rule shall have a slope of five 
percent or less; 

{33 Vegetation in the filter may be natural 

vegetation, gra ss e s — of — artificially 

planted wetland vegetation appropriate 
for the site characteristics; 



m~ 



An 



Operation and maintenance plan s 
op eration and maintenance plan or manual shall be 
provided by the developer for stormwatcr systems, 
indicating what operation and maintenance actions 
arc needed, what specific quantitative criteria will 
be u s ed for determining when those action s arc to 
be taken, and who is respon s ible for tho s e action s 
prior to — approval — of the — development — by — the 
Division. The plan must clearly indicate the steps 
that will be taken and who will be responsible for 

restoring a stormwatcr — system te de s ign 

specifications if a failure occurs and will include 
an acknowledgement by the responsible party. 
Development must be maintained con s i s tent with 
the requirements in these plans and modifications 
to the s e plans must be approved by the Division. 

(1) System Design. — Stormwatcr system s mu s t be 
designed — by — a — North — Carolina — registered 
profe ss ional with qualification s appropriate for the 
type — ef- — system — required; — design — stormwatcr 



-tin 



management s y s tems; 

professionals arc defined as: 
fH professional engineers; 



regi s tered 



(23 land s cape architects, to the extent that 

the — General — Statutes, — Chapter — 8 9A, 
allow; and 



03- 



registered land surveyors, to the extent 

that the de s ign — represents — incidental 

drainage — within — a — subdivision, — as 

provided in General Statute 89(C) 3(7). 

Upon completion of construction, a registered 

profe ss ional appropriate for th e type of s tormwatcr 

system designed must certify that the system was 

in s pected during con s truction and wa s con s tructed 

« — s ub s tantial — conformi ty — with — plan s and 

s pecifications — reviewed — by — the — Division — and 

complies with the requirements of this Rule. 

(b) To ensure the protection of surface waters of 
the State in accordance with G.S. 143-214.7, a 



permit is required in accordance with the 
provisions of this Section for any development 
activities which require a CAMA major 
development permit or a Sedimentation/Erosion 
Control Plan and which meet any of the following 
criteria: 

(1) development activities located in the 20 
coastal counties as defined in Rule 
.1002(4) of this Section; 

(2) development activities draining to 
Outstanding Resource Waters (ORW) as 
defined in 15A NCAC 2B .0216; or 

(3) development activities within one mile 
of and draining to High Quality Waters 
(HOW) as defined in L5A. NCAC 2B 
.0101(e)(5). 

Projects under a common plan of development will 
be considered as a single project and will require 
storm water management in accordance with this 
Section. Local governments with delegated 
Sedimentation/Erosion Control Programs often 
implement more stringent standards in the form of 
lower thresholds for land area disturbed. In these 
situations, the requirements of this Rule apply only 
to those projects that exceed the state's minimum 
area of disturbance as outlined in G.S. 1 13A-57. 

(c) Projects subject to the permitting 
requirements of thus Section may be permitted 
under the following storm water management 
options: 

Low Density Projects: Projects 



ill 



01 



permitted as low density projects must 
be designed to meet and maintain the 
applicable low density requirements 
specified in Rules .1005 through .1007 
of this Section. The Division will 
review project plans and assure that 
density levels meet the applicable low 
density requirements. The permit will 
require recorded deed restrictions and 
protective covenants to ensure 
development activities maintain the 
development consistent with the plans 
and specifications approved by the 
Division. The deed restrictions and 
protective covenants shall include the 
state as a third party beneficiary of the 
restrictions- 
High Density Projects: Projects 
permitted as high density projects must 
be designed to meet the applicable high 
density requirements specified in Rules 
.1005 through .1007 of this Section 
with storm water control measures 
designed, operated and maintained in 



1418 



NORTH CAROLINA REGISTER 



December 15, 1994 



9:18 



' 



PROPOSED RULES 



121 



accordance with the provisions of this 
Section. The permit will require 
recorded deed restrictions and 
protective covenants to ensure 
development activities maintain the 
development consistent with the plans 
and specifications a pproved by the 
Division. The deed restrictions and 
protective covenants shall include the 
state as a third party beneficiary of the 
restrictions. Storm water control 

measures and operation and 
maintenance plans developed in 
accordance with Rule .1008 of this 
Section must be approved by the 
Division. In addition, NPDES permits 
for storm water point sources may be 
required according to the provisions of 
15A NCAC 2H .0126. 
Other Projects: Development may also 
be permitted on a case-by-case basis if 
the project: 
controls runoff through an off-site 
storm water system meeting provisions 
of this Section; 

is redevelopment which meets the 
requirements of this Section to the 
maximum extent practicable; 
otherwise meets the provisions of this 
Section and has water dependent 
structures, public roads and public 
bridges which minimize built-upon 
surfaces, divert storm water away 
from surface waters as much as 
possible and employ other best 
management practices to minimize 
water quality impacts; or 
is certified by the Director that the 
site is situated such that water quality 
standards and uses are not threatened 
and the developer demonstrates that 
the development is located such a 
distance from surface waters that the 
Director determines that impacts from 
pollutants present in storm water from 
the site will be effectively mitigated. 
Where storm water controls are 
required to mitigate the impact, the 
controls will be designed in 
accordance with Rule .1008 of this 
Section. 
Development designed to meet the requirements in 



(A) 



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Subparagraphs (c)(1) and (c)(3) of this Paragraph 



must demonstrate that no areas within the project 



site are of such high density that storm water runoff 



threatens water quality. 

(d) A pplications: Any person with development 
activity meeting the criteria of Paragraph (b) of 
this Rule shall app ly for permit coverage through 
the Division. Previously issued Storm water 
Certifications (prior to the effective date of this 
rule) revoked due to certification violations must, 
at the discretion of the Director, apply for permit 
coverage. Storm water management permit 
applications, project plans, supporting information 
and processing fees shall be submitted to the 
appropriate Division of Environmental 
Management regional office. A processing fee, as 
described in Paragraph (e) of this Rule, must be 
submitted with each application in the form of a 
check or money order made payable to N.C. 
Department of Environment. Health and Natural 
Resources. Applications which are incomplete or 
not accompanied by the processing fee may be 
returned. Permit applications shall be signed as 
follows: 

(1) in the case of corporations, by a 
principal executive officer of at least 
the level of vice-president, or his 
authorized representative; 

(2) in the case of a partnership, by a 
general partner and in the case of a 
limited partnership, by a general 
partner; 

(3) in the case of a sole proprietorship, by 
the proprietor; 

(4) in the case of a municipal, state or 
other public entity by either a principal 
executive officer, ranking official or 
other duly authorized employee. 

The signature of the consulting engineer or other 
agent will be accepted on the application only if 
accompanied by a letter of authorization. 

(e) Permit Fees: 

(1) For every application for a new or 
revised permit under this Section, a 
nonrefundable application processing 
fee in the amount stated in 
Subparagraph (e)(3) of this Paragraph 
shall be submitted at the time of 
application. 

(A) Each permit application is incomplete 
until the application processing fee is 
received; 

(B) No processing fee will be charged for 
modifications of permits when 
initiated by the Director; 

(C) A processing fee of forty dollars 
($40.00) will be charged for name 
changes; 



9:18 



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December 15, 1994 



1419 



PROPOSED RULES 



12} 



(D) No processing fee will be required for 

name changes associated with the 

initial transfer of property from the 

developer to property owner. Any 

subsequent changes in ownership will 

be subject to the name change 

processing fee in Part (C) of this 

Paragraph. 

Annual administration and Compliance 

Monitoring Fees. An administration 

and compliance monitoring fee shall be 

charged for each year of the term of 

every renewable permit in accordance 

with the schedule in Subparagraph (3) 

of this Paragraph. Annual fees will be 

accumulated and must be paid at the 



an 



time of a name change in the permit or 
a permit renewal. Annual fees will not 
be charged for permits that do not 
require renewal. 
Schedule of Fees 

Permit A pplication 
Processing Fee 

New Timely 

A pplications/ Renewals 

Modifications/ Without 

Rate Renewal Modifications 



Low Density 
High Density 
Other 



$225 
385 
350 



N/A 

225 

N/A 



(f) Su pporting Documents and Information. 
This paragraph outlines those supporting 
documents and information that must be submitted 
with storm water applications. Additional 

information may also be applicable or required. 
The applicant should attempt to submit all 
necessary information to describe the site. 



development and storm water management practices 
proposed. 
ill 



two sets of detailed plans and 
specifications for the project; 

(2) plans and specifications must be dated 
and sealed by an appropriate registered 
professional (as outlined in Rule .1008 
(D of this Section) and show the 
revision number and date: 

(3) general location map showing 
orientation of the project with relation 
to at least two references (numbered 



roads, named streams/rivers, etc") and 
showing the receiving water £a USGS 
map preferable): 

(4) topographic map(s) of the project area 
showing original and proposed contours 
and drainage patterns; 

(5) delineation of relevant boundaries 
including drainage areas, seasonal high 
water table, wetlands, property/project 
boundaries and drainage easements; 

(6) existing and proposed built-upon area 
including roads. parking areas, 
buildings, etc.; 

(7) technical information showing all final 
numbers, calculations, assumptions, 
drawing and procedures associated with 
the storm water management measures 
including but not limited to: built-upon 
area, runoff coefficients, runoff 
volume, runoff depth, flow routing, 
inlet and outlet configuration (where 
applicable). other applicable 
information as specified; 

(8) operation and maintenance plan signed 
by responsible party; 

(9) recorded deed restriction and protective 
covenants. 

Statutory Authority G.S. 143-214.1; 143-214.7; 
143-215. 1(d); 143-215. 3(a)(1). 

.1004 STATEWIDE STORMWATER 
GUIDELINES 

The Division will periodically develop guidelines 
fef — the — control — of stormwator pollution from 
various — development — practices — and — te — protect 
specific — water — uses; — these — guidelines — wiH — be 
provided to requesting individuals, — in s titutions, 
local governments, or s tate/federal agencies on 
request for use in developing control strategic s for 
mitigating stormwator pollution. 

Statutory Authority G.S. 143-214.1; 143-214.7; 
143-215. 3(a)(1); 143-215. 8A. 

.1005 STORMWATER REQUIREMENTS: 
COASTAL COUNTIES 

All development activities within the coastal 

counties which require a storm water management 

permit in accordance with Rule .1003 of this 

Section will be required to manage storm water 

runoff as follows: 

(1) requirements for development activities 

within the coastal counties and draining 

to Outstanding Resource Waters (ORW) 



1420 



NORTH CAROLINA REGISTER 



December 15, 1994 



9:18 



PROPOSED RULES 



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are contained in Rule .1007 of this 
Section; 

development activities within one-half 
mile of and draining to SA waters or 
unnamed tributaries to SA waters: 
Low Density Option: Development 
meeting the following criteria will be 
permitted pursuant to Rule .1003(c)(1) 
of this Section if the development has: 
built-upon area of 25 percent or less; 
or proposes development of single 
family residences on lots with one- 
third of an acre or greater with a 
built-upon area of 25 percent or less; 
stormwater runoff transported 
primarily by vegetated conveyances; 
conveyance system shall not include a 
discrete stormwater collection system 
as defined in Rule .1002 of this 
Section; 

a 30 foot wide vegetative buffer. 
High Density Option: Higher density 
developments will be permitted 
pursuant to Rule .1003(c)(2) of this 
Section if stormwater control systems 
meet the following criteria: 
direct outlet channels or pipes to SA 
waters are prohibited unless permitted 
in accordance with 15A NCAC 2H 
.0126; 
(ii) control systems must be infiltration 
systems designed in accordance with 
Rule .1008 of this Section to control 
the runoff from all surfaces generated 
by one and one-half inches of rainfall; 

(iii) runoff in excess of the design volume 
must flow overland through a 
vegetative filter designed in 
accordance with Rule .1008 of this 
Section with a minimum length of 50 
feet measured from mean high water 
of SA waters: 
(3) development activities within the coastal 
counties except those areas defined in 
Items (1) and (2) of this Paragraph : 
(a) Low Density Option: Development 
meeting the following criteria will be 
permitted pursuant to Rule .1003(c)(1) 
of this Section if the development has: 
{il built-upon area of 30 percent or less; 
or proposes development of single 
family residences on lots with one- 
third of an acre or greater with a 
built-upon area of 30 percent or less; 



(ii) stormwater runoff transported 
primarily by vegetated conveyances; 
conveyance system shall not include a 
discrete stormwater collection system 
as defined in Rule .1002 of this 
Section; 
(iii) a 30 foot wide vegetative buffer. 
(b) High Density Option: Higher density 
developments will be permitted 
pursuant to Rule .1003(c)(2) of this 
Section if stormwater control systems 
meet the following criteria: 
(jl control systems must be designed in 
accordance with Rule .1008 of this 
Section; 
(ii) control systems must be designed to 
control runoff from all surfaces 
generated by one inch of rainfall. 

Statutory Authority G.S. 143-214.1; 143-214.7; 
143-215.1; 143-215. 3(a). 

. 1 006 STORMWATER REQUIREMENTS: 
HIGH QUALITY WATERS 

All development activities which require a 
stormwater management permit under Rule .1003 
of this Section and are within one mile of and 
draining to waters classified as High Quality 
Waters (HQW) will be required to manage 
stormwater runoff in accordance with the 
provisions outlined below. More stringent 
stormwater management measures may be required 
on a case-by-case basis where it is determined that 
additional measures are required to protect water 
quality and maintain existing and anticipated uses 
of these waters. 

(1) Low Density Option: Development 
meeting the following criteria will be 
permitted pursuant to Rule .1003(c)(1) of 
this Section if the development has: 

(a) built-upon area of \2 percent or less or 
proposes single family residential 
development on lots of one acre or 
greater; 

(b) stormwater runoff transported primarily 
by vegetated conveyances; conveyance 
system shall not include a discrete 
stormwater collection system as defined 
in Rule .1002 of this Section; 

(c) a 30 foot wide vegetative buffer. 

(2) High Density Option: Higher density 
developments will be permitted pursuant 
to Rule .1003(c)(2) of this Section if 
stormwater control systems meet the 
following criteria: 



9:18 



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December 15, 1994 



1421 



PROPOSED RULES 



(a) control systems must be wet detention 
ponds designed in accordance with Rule 
.1008 of this Section; 

(b) control systems must be designed to 
control runoff from all surfaces generat- 
ed by one inch of rainfall, 

(3] AH waters classified as WS-I or WS-II 
and all waters located in the coastal 
counties are excluded from the require- 
ments of this Rule since they already 
have requirements for storm water man- 
agement. 

Statutory Authority G.S. 143-214.1; 143-214.7; 
143-215.1; 143-215. 3(a). 

.1007 STORMWATER REQUIREMENTS: 
OUTSTANDING RESOURCE 
WATERS 

All development activities which require a 
storm water management permit under Rule .1003 
of this Section and which drain to waters classified 
as Outstanding Resource Waters (ORW) will be 
required to manage storm water runoff in accor- 
dance with the provisions of this Rule. Water 
quality conditions shall clearly maintain and 
protect the outstanding resource values of waters 
classified as Outstanding Resource Waters (ORW). 
Storm water management strategies to protect 
resource values of waters classified as ORW will 
be developed on a site specific basis during the 
proceedings to classify these waters as ORW. The 
requirements of this Rule serve as the minimum 
conditions that must be met by development 
activities. More stringent storm water management 
measures may be required on a case-by-case basis 
where it is determined that additional measures are 
required to protect water quality and maintain 
existing and anticipated uses of these waters. 
(1) Freshwater ORWs: Development activi- 
ties which require a storm water manage- 
ment permit under Rule .1003 of this 
Section and which drain to freshwaters 
classified as ORW will be required to 
manage storm water runoff as follows: 
(a) Low Density Option: Development 
meeting the following criteria will be 
permitted pursuant to Rule .1003(c)(1) 
of this Section if the development has: 
(i) built-upon area of J2 percent or less 
or proposes single family residential 
development on lots of one acre or 
greater; 
(ii) storm water runoff transported primar- 
ily by vegetated conveyances; convey- 



ance system shall not include a dis- 
crete storm water collection system as 
defined in Rule .1002 of this Section: 
and 
(iii) a 30 foot wide vegetative buffer. 
fb) High Density Option: Higher density 
developments will be permitted pursu- 
ant to Ru]e .1003(c)(2) of this Section 
if storm water control systems meet the 
following criteria: 
(i) control systems must be wet detention 
ponds designed in accordance with 
accordance with Rule .1008 of this 
Section; and 



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£b) 



control systems must be designed to 
control runoff from all surfaces gener- 
ated by one inch of rainfall. 
Saltwater ORWs: Development activities 
which require a storm water management 
permit under Rule .1003 of this Section 
and which drain to saltwaters classified as 
ORW will be required to manage 
storm water runoff as follows: 
Within 575 feet of the mean high water 
line of designated ORW areas, 
development activities will comply with 
the low density option as specified in 
Rule .1005(2)(a) of this Section. 
Projects draining to saltwaters classified 
as ORW that impact the Areas of 
Environmental Concern (AEC), 
determined pursuant to G.S. 1 13A-1 13, 
shall delineate the ORW AEC on the 
project plans and conform to low 
density requirements as specified in 
Rule .1005 (2) (a) of this Section within 
the ORW AEC. 

After the Commission has received a 
request to classify Class SA waters as 
ORW and given permission to the 
Director to schedule a public hearing to 
consider reclassification and until such 
time as specific storm water design 
criteria become effective, only 
development which meets the 
requirements of Rule . 1003(c)(3)(A), (B) 
and £Q and Rule .1005(2)(a) of this 
Section will be approved within 575 
feet of the mean high water line of 
these waters. 



Statutory Authority G.S. 143-214.1; 143-214.7; 
143-215.1; 143-215. 3(a). 

.1008 DESIGN OF STORMWATER 



icj 



1422 



NORTH CAROLINA REGISTER 



December 15, 1994 



9:18 



PROPOSED RULES 



MANAGEMENT MEASURES 

(a) Structural Stormwater Control Options, 
Storm water control measures which can be 
approved pursuant to this Rule and which will not 
be considered innovative include: 

(1) Stormwater infiltration systems 
including infiltration basins/ponds, 
swales, and vegetative filters; 

(2) Wet detention ponds; and 

(3) Devices approved in accordance with 
Paragraph £h) of this Rule. 

All stormwater management structures are subject 
to the requirements of Paragraph (c) of this Rule. 

(b) Innovative Systems. Innovative measures for 
controlling stormwater which are not well 
established through actual experience may be 
approved on a demonstration basis under the 
following conditions: 

(1) There is a reasonable expectation that 
the control measures will be successful; 

(2) The projects are not located near High 
Quality Waters (HOW); 

(3) Monitoring requirements are included 
to verify the performance of the control 
measures; and 

(4) Alternatives are available if the control 
measures fail and will be required when 
the Director determines that the system 
has failed. 

(c) General Engineering Design Criteria For All 
Projects. 

(1) The size of the system must take into 
account the runoff at the ultimate built- 
out potential from all surfaces draining 
to the system, including any off-site 
drainage. The storage volume of the 
system shall be calculated to provide 
for the most conservative protection 
using the Rational Method or other 
approved engineering methods; 

(2) All side slopes being stabilized with 
vegetative cover shall be no steep er 
than 3:1 (horizontal to vertical); 

£3) All stormwater management structures 
shall be located in recorded drainage 
easements for the purposes of operation 
and maintenance and shall have 
recorded access easements to the 
nearest public right-of-way; 

(4) Vegetative filters designed i_n 
accordance with Paragraph (f) of this 
Rule are required from the overflow of 
all infiltration systems and discharge of 
all stormwater wet detention ponds. 
These filters shall be at least 30 feet in 



length, except where a minimum length 
of 50 feet is required in accordance 
with Rule ■1005(2)(bHiii) of this 
Section; 

(5) Stormwater controls should be designed 
in accordance with the provisions of 
these Rules, or guidelines established 
by the Division; 

(6) In accordance with the Antidegradation 
Policy as defined in 15A NCAC 2B 
.0201, additional control measures may 
be required on a case-by-case basis to 
maintain and protect, for existing and 
anticipated uses, waters with quality 
higher than the standards; and 

(7) Stormwater control measures used for 
sedimentation and erosion control 
during the construction phase must be 
cleaned out and returned to their 
designed state. 

(d) Infiltration System Requirements. Infiltration 
systems may be designed to provide infiltration of 
the entire design rainfall volume required for a site 
or a series of successive systems may be utilized. 
Infiltration may also be used to pretreat runoff 
prior to disposal in a wet detention ponds. The 
following are general requirements: 

(1) Infiltration systems shall be a minimum 
of 30 feet from surface waters and 50 
feet from Class SA waters; 

(2) Infiltration systems shall be a minimum 
distance of 100 feet from water supply 
wells; 

(3) The bottom of infiltration systems shall 
be a minimum of two feet above the 
seasonal high water table; 

(4) Infiltration systems must be designed 
such that runoff in excess of the design 
volume by -passes the system and does 
not flush pollutants through the system; 

(5) Infiltration systems must be designed to 
completely draw down the design 
storage volume to the seasonal high 
water table under seasonal high water 
conditions within five days and a 
hydrogeologic evaluation may be 
required to determine whether the 
system can draw down in five days; 

(6) Soils must have a minimum hydraulic 
conductivity of 0.52 inches per hour to 
be suitable for infiltration: 

(7) Infiltration systems must not be sited on 
or in fill material, unless approved on a 
case-by-case basis under Paragraph (h) 
of this Rule; 



9:18 



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December 15, 1994 



1423 



PROPOSED RULES 



£3} 



(8) Infiltration systems may be required on 
a case-bv-case basis to have an observa- 
tion well to provide ready inspection of 
the system; 

(9) If runoff is directed to infiltration sys- 
tems during construction of the project, 
the system must be restored to design 
specifications after the project is com- 
plete and the entire drainage area is 
stabilized. 

(e) Wet Detention Pond Requirements. These 
practices can be used as a primary treatment 
device or as a secondary device following an 
infiltration system. Wet detention ponds shall be 
designed for a specific pollutant removal according 
to modeling techniques approved by the Director. 
Specific requirements for these systems are as 
follows: 

(1) The design storage volume shall be 
above the permanent pool; 

(2) The discharge rate from these systems 
following the one inch rainfall design 
storm shall be such that the draw down 
to the permanent pool level occurs 
within five days, but not in less than 
two days; 

The design permanent pool level mean 
depth shall be a minimum of three feet 
and shall be designed with a surface 
area sufficient to remove 85 percent of 
total suspended solids in accordance 
with methods approved by the Director; 
The inlet structure must be designed to 
minimize turbulence using baffles or 
other appropriate design features and 
shall be located in a manner that avoids 
short circuiting in the pond; 
Pretreatment of the runoff by the use of 
vegetative filters is encouraged to mini- 
mize sedimentation and eutrophication 
of the detention pond; 
Wet detention ponds will be designed 
with a forebay to enhance sedimentation 
at the inlet to the pond; 
The basin side slopes for the storage 
volume above the permanent pool shall 
be stabilized with vegetation down to 
the permanent pool level and shall be 
designed in accordance with Subpara- 
graph (c)(2) of this Rule; 
The pond shall be designed with side 
slopes no steeper than 4:1 (horizontal to 
vertical); 

The pond shall be designed to provide 
for a vegetative shelf around the perim- 



(41 



15} 



16} 



11} 



18} 



19} 



eter of the basin. This shelf shall be 
gently sloped (6:1 or flatter) and should 
consist of native vegetation; 
(10) The pond shall be designed to account 
for sufficient sediment storage to allow 
for the proper operation of the facility 
between scheduled cleanout periods. 

(f) Vegetative Filter Requirements. Vegetative 
filters shall be used as a non-structural method for 
providing additional infiltration, filtering of pollut- 
ants and minimizing storm water impacts. Require- 
ments for these filters are as follows : 

(1) A distribution device such as a swale 
shall be used to provide even distribu- 
tion of runoff across the width of the 
vegetative filter; 

12} The slope and length of the vegetative 
filter shall be designed, constructed and 
maintained so as to provide a non-ero- 
sive velocity of flow through the filter 
for the 10 year storm and shall have a 
slope of five percent or less, where 
practicable; and 

(3) Vegetation in the filter may be natural 
vegetation, grasses or artificially plant- 
ed wetland vegetation appropriate for 
the site characteristics. 

(g) Curb Break Systems. Projects that meet the 
low density provisions of Rules .1005 through 
.1007 of this Section may use curb and gutter with 
breaks in the curb to convey the storm water to 
grassed swales prior to the runoff discharging to 
vegetative filters or wetlands. Requirements for 
these curb break systems are as follows: 

(1 ) The curb breaks shall be located such 
that the swale can carry the peak flow 
from the 10 year storm and the velocity 
of the flow shall be non-erosive; 

(2) The longitudinal slope of the swale 
shall not exceed five percent, where 
practicable; 

(3) The side slopes of the swale shall be no 
steeper than 5:1 (horizontal to vertical): 

(4) The minimum length of the swale shall 
be 100 feet; and 

(5) In sensitive areas, check dams, rock or 
wooden, may be required to increase 
detention time within the swale. 

(h) Alternative Design Criteria. Where control 
measures as outlined in Paragraphs (b) , (d), (e), (f) 
and (g) of this Rule are shown to be inappropriate, 
storm water management systems consisting of 
other control options or series of control options 
may be approved on a case-by-case basis. Alter- 
native designs shall be acceptable engineering 



1424 



NORTH CAROLINA REGISTER 



December 15, 1994 



9:18 



PROPOSED RULES 



echnologies in the control of storm water or 



vastewater. This approval will only be given in 



;ases where the a pplicant can demonstrate that the 



Mternative Design Criteria will provide equal or 
>etter storm water control, equal or better 



protection of waters of the state, and result in no 



ncreased potential for nuisance conditions. The 



riteria for a pproval will be that the storm water 



nanagement system will provide for: 



(1) 85% average annual removal of Total 
Suspended Solids; and 

(2) post development discharge rate no 
larger than predevelopment discharge 
rate for the one year six hour storm. 

(i} Operation and maintenance plans. Prior to 
ipproval of the development by the Division an 



provided by the developer for stormwater systems. 



ndicating the operation and maintenance actions 



aken, and who is responsible for those actions- 



storm water system to design specifications if a 
'ailure occurs and must include an 



icknowledgement by the responsible party. 



professional with qualifications appropriate for the 
type of system required. These registered 
professionals are defined as: 



operation and maintenance plan or manual shall be 



hat will be taken, specific quantitative criteria 
lsed for determining when those actions will be 



The plan must clearly indicate the steps that will 
5e taken and who will be responsible for restoring 



Development must be maintained consistent with 



the requirements in these plans and the original 
plans and any modifications to these plans must be 



approved by the Division. 



{j} System Design. Stormwater systems must be 
designed by a North Carolina registered 



(1) professional engineers; 

(2) landscape architects, to the extent that 
the G.S. 89A, allow; and 

(3) registered land surveyors, to the extent 
that the design represents incidental 
drainage within a subdivision, as 
provided in G.S. 89(C)-3(7). 

Upon completion of construction, the registered 
professional appropriate for the type of stormwater 



system designed must certify that the system was 



inspected during construction, was constructed in 



substantial conformity with plans and specifications 



approved by the Division and complies with the 



requirements of this Rule prior to issuance of the 



certificate of occupancy. 



Statutory Authority G.S. 143-214.1; 143-214.7; 
143-215.1; 143-215. 3(a). 



.1009 STAFF REVIEW AND PERMIT 
PREPARATION 

(a) The staff of the permitting agency shall 
conduct a review of plans, specifications and other 
project data accompanying the application and 
shall determine if the application and required 
information are complete. The staff shall 
acknowledge receipt of a complete application. 

(b) If the a pplication is not complete with all 
required information, the application may be 
returned to the applicant. The staff shall advise 
the applicant by mail: 

(1) how the application or accompanying 
supporting information may be modified 
to make them acceptable or complete; 
and 

(2) that the 90 day processing period 
required in G.S. 143-215.1 begins upon 
receipt of corrected or complete 
application with required supporting 
information. 

(c) If an application is accepted and later found 
to be incomplete, the applicant will be advised 
how the application or accompanying supporting 
information may be modified to make them 



acceptable or complete, and that if all required 
information is not submitted within 30 days that 
the project will be returned as incomplete. 

Statutory Authority G.S. 143-215.1; 143-215. 3(a). 

.1010 FINAL ACTION ON PERMIT 

APPLICATIONS TO THE DIVISION 

(a) The Director shall take final action on all 
applications not later than 90 days following 
receipt of a complete a pplication and with required 
information. All permits or renewals of permits 
and decisions denying permits or renewals shall be 
in writing. 

(b) The Director is authorized to: 

(1) issue a permit containing such 
conditions as are necessary to effectuate 
the purposes of G.S. 143, Article 21; 

(2) issue permit containing time schedules 
for achieving compliance with 
applicable water quality standards and 
other legally applicable requirements; 

(3) deny a permit application where 
necessary to effectuate: 

the purposes of G.S. 143, Article 21 ; 
the purposes of G.S. 143-215.67(a); 
rules on coastal waste treatment, 
disposal, found in Section .0400 of 
this Subchapter; 
rules on "subsurface disposal 



IS) 
IQ 



ID] 



9:18 



NORTH CAROLINA REGISTER 



December 15, 1994 



1425 



PROPOSED RULES 



systems," found in J5A NCAC 18A 

.1900. Copies of these Rules are 

available from the Division of 

Environmental Health, P.O. Box 

29535, Raleigh, North Carolina 

27626-0535; and 

(E) rules on groundwater quality 

standards found in Subchapter 2L of 

this Chapter. 

(4) hold public meetings when necessary to 

obtain additional information needed to 

complete the review of the application. 

The application will be considered as 

incomplete until the close of the 

meeting record. 

(c) If a permit is denied, the letter of denial 
shall state the reason(s) for denial and any 
reasonable measures which the applicant may take 
to make the application a pprovable. 

(d) Permits shall be issued or renewed for a 
period of time deemed reasonable by the Director. 

Statutory Authority G.S. 143-215.1; 143-21 5. 3(a). 

.1011 MODIFICATION AND REVOCATION 
OF PERMITS 

Any permit issued by the Division pursuant to 
these Rules is subject to revocation, or 
modification upon 60 days notice by the Director 
in whole or part for good cause including but not 
limited to: 

(1) violation of any terms or conditions of 
the permit; 

(2) obtaining a permit by misrepresentation 
or failure to disclose fully all relevant 
facts; 

(3) refusal of the permittee to allow 
authorized employees of the Department 
of Environment, Health, and Natural 
Resources upon presentation of 
credentials: 

to enter upon permittee's premises on 
which a system is located in which any 
records are required to be kept under 
terms and conditions of the permit; 
to have access to any copy and records 
required to be kept under terms and 
conditions of the permit; 
to inspect any monitoring equipment or 
method required in the permit; or 
to sample any discharge of pollutants; 
failure to pay the annual fee for 
administering and compliance 
monitoring. 



I§) 



£b) 



(4) 



Statutory Authority G.S. 143-215.1; 143-21 5. 3(a). 

.1012 DELEGATION OF AUTHORITY 

For permits issued by the Division, the Director 
is authorized to delegate any or all of the functions 
contained in these Rules except the following: 

(1) denial of a permit application; 

(2) revocation of a permit not re quested by 
the permittee; or 

(3) modification of a permit not requested by 
the permittee. 

Statutory Authority G.S. 143-21 5. 3(a). 

.1013 GENERAL PERMITS 

(a) In accordance with the provisions of G.S. 
143.215.1 (b)(3) and (4), general permits may be 
developed by the Division and issued by the 
Director for categories of activities covered in this 
Section. All activities in the State that received a 
"Certificate of Coverage" for that category from 
the Division will be deemed covered under that 
general permit. Each of the general permits will 
be issued individually under G.S. 143-215.1, using 



all procedural requirements specified for state 
permits including application and public notice. 
Activities covered under general permits. 



developed in accordance with this Rule, will be 
subject to the same standards and limits, 
management practices, enforcement authorities. 



and rights and privileges as specified in the general 
permit. Procedural requirements for application 
and permit approval, unless specifically designated 
as applicable to individuals proposed to be covered 
under the general permits, apply only to the 
issuance of the general permits. After issuance of 
the general permit by the Director, activities in the 
applicable categories may request coverage under 
the general permit, and the Director or his 
designee shall grant appropriate certification. 
General permits may be written to regulate 



categories of other activities that all: involve the 
same or substantially similar operations; have 
similar characteristics; require the same limitations 
or operating conditions; require the same or 
similar monitoring: and in the opinion of the 
Director are more appropriately controlled by a 
general permit. 

(b) No provision in any general permit issued 
under this Rule shall be interpreted to allow the 
permittee to violate state water quality standards or 



other applicable environmental standards. 

(c) For a general permit to app ly to an activity, 
a Notice of Intent to be covered by the general 
permit must be submitted to the Division using 



1426 



NORTH CAROLINA REGISTER 



December 15, 1994 



9:18 



PROPOSED RULES 



forms provided by the Division and, as 



appropriate, following the application procedures 



specified in this Section. If all requirements are 



met, coverage under the general permit may be 
granted. If all requirements are not met, a long 



form application and full application review proce- 



dure will be required. 

(d) General permits may be modified and reis- 
sued by the Division as necessary. Activities 
covered by general permits need not submit new 



Notices of Intent or renewal requests unless so 



directed by the Division. If the Division chooses 



not to renew a general permit, all facilities covered 



under that general permit shall be notified to 



submit applications for individual permits. 

(e) All previous state water quality permits 
issued to a facility which can be covered by a 



general permit, whether for construction or opera- 



tion, are revoked upon request of the permittee, 
termination of the individual permit and issuance 



of the Certification of Coverage. 

(f) Anyone engaged in activities covered by the 
general permit rules but not permitted in accor- 



dance with this Section will be considered in 



violation in G.S. 143-215.1. 



(g) Any individual covered or considering 
coverage under a general permit may choose to 



pursue an individual permit for any activity cov- 



ered by this Section. 

(h) The Director may require any person, 
otherwise eligible for coverage under a general 



permit, to apply for an individual permit by notify- 



ing that person that an application is required. 
Notification shall consist of a written description 



of the reason(s) for the decision, appropriate 
permit application forms and application instruc- 



tions, a statement establishing the required date for 



submission of the application, and a statement 



informing the person that coverage by the general 



permit shall automatically terminate upon issuance 



£2} 



of the individual permit. Reasons for requiring 
application for an individual permit may be: 

(1) the activity is a significant contributor 
of pollutants; 

conditions at the permitted site change, 
altering the constituents or characteris- 
tics of the site such that the activity no 
longer qualifies for coverage under a 
general permit; 

noncompliance with the general permit; 
noncompliance with Division Rules; 
a change has occurred in the availability 
of demonstrated technology or practices 
for the control or abatement of pollut- 
ants applicable to the activity; or 



ID 

m 

£5} 



(6) a determination that the water of the 

stream receiving storm water runoff 

from the site is not meeting applicable 

water quality standards. 

(i) Any interested person may petition the 

Director to take an action under Paragraph £h} of 

this Rule to require an individual permit. 

(j) General permits may be modified, terminat- 
ed, or revoked and reissued in accordance with the 
authority and requirements of Rules .1010 and 
.101 1 of this Section. 

Statutory Authority G.S. 143-215.1; 143-215. 3(a). 

CHAPTER 7 - COASTAL MANAGEMENT 

The Division of Coastal Management is extend- 
ing the public comment period from December 1 , 
1994 until January 6, 1995, for proposed rules 
governing oceanfront sandbag use and erosion 
response published on November 1, 1994 in the 
North Carolina Register, Volume 9, Issue 15, 
pages 1185 - 1194 (9:15 NCR 1185- 1194). The 
proposed rules are cited as 15A NCAC 7H .0106, 
.0308, .1705 and 7M .0202. The Division will 
accept written comments through Friday, January 
6, 1995. Copies of the proposed rules may be 
obtained by contacting Alison Davis, Division of 
Coastal Management, P.O. Box 27687, Raleigh, 
NC 27611, (919) 733-2293. 



Jfc :■: ^ # * * * 



***** 



I\otice is hereby given in accordance with G.S. 
150B-21.2 that the North Carolina Wildlife Re- 
sources Commission intends to amend rules cited 
as 15 A NCAC 10B .0109, .0113, .0202 - .0204, 
.0206, .0209, .0214; 10C .0205, .0305, .0404, 
.0407; WD .0003; WE .0004. 

1 he proposed effective date of this action is July 
1, 1995. 

1 he public hearings will be conducted at 7:00 
p.m. on: 

January 23, 1995 
District 9 
Courthouse 
Sylva, NC 



9:18 



NORTH CAROLINA REGISTER 



December 15, 1994 



1427 



PROPOSED RULES 



January 24, 1995 

District 8 

Morganton Civic Center 

Auditorium 

Morganton, NC 

January 25, 1995 

District 7 

High School 

Elkin, NC 

January 30, 1995 

District 4 

Courthouse 

Elizabethtown , NC 

January 31, 1995 

District 5 

Courthouse 

Graham, NC 

February 1, 1995 

District 6 

North Stanly High School 

Albemarle, NC 

February 6, 1995 

District 1 

Swain Auditorium 

Ed en ton, NC 

February 7, 1995 

District 2 

Courthouse 

New Bern, NC 

February 8, 1995 

District 3 

Courthouse 

Nashville, NC 



ixeason for Proposed Action: 

15A NCAC 10B .0109 - To add and to delete 

certain counties or portions of counties from 

provisions of rule prohibition against chasing deer 

by dogs. 

15A NCAC 10B .0113 - To delete antleress deer 

harvested on areas in the Deer Management 

Assistance Program from the Tagging requirements 

of the rule. 

15A NCAC 10B .0202 - To regulate the harvest of 

bear by setting seasons. 

15A NCAC 10B .0203 - To regulate harvest of 



deer by setting seasons. 

ISA NCAC 10B .0204 - To regulate harvest of 
wild boar by setting seasons. 
ISA NCAC 10B .0206 - To regulate harvest of 
squirrel by setting seasons. 

ISA NCAC 10B .0209 - To regulate harvest of 
bearded turkeys by setting seasons. 
ISA NCAC 10B .0214 - To regulate harvest of 
wildcat by setting seasons. 

15A NCAC IOC .0205- To include or exclude 
particular waters in the designations of hatchery 
supported trout waters, catch and release and wild 
trout waters. 

15A NCAC IOC .0305 - To change the seasons 
and lor creel limits of particular species offish in 
particular bodies of water. 

ISA NCAC IOC .0404 - To require fishermen to 
be present while fishing fixed or drift gill nets in 
order to reduce game fish mortality. 
15A NCAC IOC .0407 - To conform rule to re- 
quirement that all gill nets must be attended. 
15A NCAC 10D .0003 - To regulate hunting and 
other activities on Game Lands. 
15A NCAC 10E .0004 - To authorized use of 
boating access areas for approved activities pro- 
vided permits are obtained and to set fees for 
weight-in permits. 

Lsomment Procedures: Interested persons may 
present their views either orally or in writing at 
the hearing. In addition, the record of hearing 
will be open for receipt of written comments from 
December 15, 1994 through January 17, 1995. 
Such written comments must be delivered or mailed 
to the N.C. Wildlife Resources Commission, 512 
N. Salisbury Street, Raleigh, NC 27604-1188. 

CHAPTER 10 - WILDLIFE RESOURCES 
AND WATER SAFETY 

SUBCHAPTER 10B - HUNTING 
AND TRAPPING 

SECTION .0100 - GENERAL 
REGULATIONS 

.0109 CHASING DEER BY DOGS 
IN CERTAIN COUNTIES 

It is unlawful to allow dogs to run or chase deer 
or to attempt to take deer with dogs at any time in 
Alamance County south of 1-85; Orange County 
south of 1-85; Chatham County; Lee County; 
Wake County south of NC 98; and in and west of 
Rockingham, Guilford, Randolph^ and Montgom- 



1428 



NORTH CAROLINA REGISTER 



December 15, 1994 



9:18 



PROPOSED RULES 



ry^ Stanly and Union Counties and that part of 
Anson County west of NC 7 4 2 . Note: See 15A 



NCAC 10D .0003 which prohibits any hunting 
with dogs on game lands during the season for 
hunting deer with guns in and west of these coun- 
ties. 

Statutory Authority G.S. 113-134; 113-291.5. 

0113 BIG GAME KILL REPORTS 

The carcass of each bear, wild turkey, deer 
fexcept antleress deer harvested on areas in the 
Deer Management Assistance Program as 
described m G.S. 1 13-291. 2(e)! and wild boar 
shall be tagged at the site of the kill with the 
appropriate big game tag which has been validated 
by cutting out the month and day of the kill. All 
harvested bear, deer, and wild boar must be 
registered at a wildlife cooperator agent or 
reported through the toll free Big Game Telephone 
Reporting System, before they are skinned or 
dressed or dismembered for consumption except in 
those cases where the kill occurs in a remote area 
which prevents the animal from being transported 
as an entire carcass. In these cases, the carcass 
may be tagged, skinned, quartered, and 
transported to the wildlife cooperator agent for 
reporting or reported within 24 hours through the 
Big Game Telephone Reporting System. A 
wildlife cooperator agent located within the 
immediate area of open season will supply a big 
game kill report card in duplicate or an 
authorization number may be obtained through the 
Big Game Telephone Reporting System. The 
report card must be completed to show the 
information called for thereon. All wild turkey 
must be registered through the toll free Big Game 
Telephone Reporting System, before they are 
skinned or dressed or dismembered for 
consumption. The tag shall be affixed to the 
carcass at a location and in such manner as to be 
visible upon inspection from the outside, and it is 
unlawful to affix the tag at any location or in any 
manner so as to conceal it from visibility upon 
ordinary inspection. It is unlawful to remove the 
tag from the carcass prior to the kill being 
properly reported either through completion of the 
report card or through the Big Game Telephone 
Reporting System or at any time thereafter until 
the carcass is finally skinned or dressed for 
consumption. The authorization number given 
through the Big Game Telephone Reporting 
System or the duplicate copy of the big game kill 
report card must be retained by the hunter and 
shall thereafter constitute his permit to continue in 



possession of the carcass. Otherwise, the contin- 
ued possession of the bear, wild turkey, deer or 
wild boar shall be unlawful. 

Persons who are by law exempt from the big 
game hunting license are not required to tag the 
carcass but shall report each kill as above 
required, and, in lieu of the tag, the word 
"exempt" together with the reason therefor 
(parent's license, landowner, agricultural lessee) 
shall be written on the original of the big game kill 
report card. 

Any big game tag which has been detached from 
the tag card issued with the big game license prior 
to the killing and tagging of the big game animal 
shall be seized by a wildlife enforcement officer. 

Statutory Authority G.S. 113-134; 113-270.3; 
113-276.1. 

SECTION .0200 - HUNTING 

.0202 BEAR 

(a) Open Seasons shall be from the: 

( 1 ) Monday on or nearest October 1 5 to the 
Saturday before Thanksgiving and the 
third Monday after Thanksgiving to 
January 1 in and west of the boundary 
formed by NC 16 from the Virginia 
State line to Wilkesboro and NC 18 
from Wilkesboro to the South Carolina 
State line. 

(2) Second Monday in November to the 
following Saturday in al] of Beaufort, 
Camden, Craven, Dare, Gates, Hyde, 
Jones, Pamlico, Pasquotank, Tyrrell, 
and Washington Counties; and in the 
following parts of counties: that part of 
Bertie; County that part southeast of US 

Chowan; County that part north of a 
line formed by SR 1002, SR 1222 and 
SR 122L and in 

Currituck; County: that part west of 
the Intracoastal waterway that is south 
or west of a line formed by Highway 
34 to Sligo Silgo , Highway 168 through 
Barco, then Highway 158 to the 
Intracoastal waterway; also that part 
east of the Intracoastal waterway and 
west of a line formed through the 
center of Currituck Sound and North 
Landing River. 

Hertford: that part east of NC 45. 
Martin: that part east of US 17. 

(3) Second Monday in November to Janu- 



9:18 



NORTH CAROLINA REGISTER 



December 15, 1994 



1429 



PROPOSED RULES 



ary 1 in all of Bladen, Carteret, Duplin, 
New Hanover, Onslow and Pender 
Counties; and in the following parts of 
counties: 

in that part of Cumberlandj. County that 
part south of NC 24 and east of the 
Cape Fear Rivert ± 

and in that part of Sampson^ county 
that part south of NC 24. 
(4) Second Monday in December to Janu- 
ary 1 in Brunswick and Columbus 
Counties, 
(b) No Open Season. There is no open season 
in any area not included in Paragraph (a) of this 
Rule or in those parts of counties included in the 
following posted bear sanctuaries: 

Avery, Burke and Caldwell 
Counties— Daniel Boone bear sanctuary 
Beaufort, Bertie and Washington 
Counties— Bachelor Bay bear sanctuary 
Beaufort and Pamlico Counties— Gum 
Swamp bear sanctuary 
Bladen County— Suggs Mill Pond bear 
sanctuary 

Brunswick County— Green Swamp bear 
sanctuary 

Buncombe, Haywood, Henderson and 
Transylvania Counties— Pisgah bear 
sanctuary 

Carteret, Craven and Jones 
Counties— Croatan bear sanctuary 
Clay County— Fires Creek bear sanctu- 
ary 

Currituck County— North River bear 
sanctuary 



Dare County—Bombing Range bear 
sanctuary 

Haywood County— Harmon Den bear 
sanctuary 

Haywood County— Sherwood bear 
sanctuary 

Hyde County— Gull Rock bear sanctuary 
Hyde County— Pungo River bear sanctu- 
ary 

Jackson County—Panthertown-Bonas 
Defeat bear sanctuary 
Jones and Onslow Counties— Hofmann 
bear sanctuary 

Macon County— Standing Indian bear 
sanctuary 

Macon County—Wayah bear sanctuary 
Madison County— Rich Mountain bear 
sanctuary 

McDowell and Yancey Counties-Mt. 
Mitchell bear sanctuary 
Mitchell and Yancey Counties— Flat 
Top bear sanctuary 

Wilkes County— Thurmond Chatham 
bear sanctuary 

(c) Bag limits shall be: 

(1) daily, one; 

(2) possession, one; 

(3) season, one. 

(d) Kill Reports. The carcass of each bear shall 
be tagged and the kill reported as provided by 15A 
NCAC 10B .0113. 



Statutory Authority 
113-291.7; 113-305. 



G.S. 113-134; 113-291.2; 



.0203 DEER (WHITE-TAILED) 

(a) Closed Season. All counties and parts of counties not listed under the open seasons in Paragraph (b) 
in this Rule are closed to deer hunting. 

(b) Open Seasons (All Lawful Weapons) 

(1) Male Deer With Visible Antlers. Male deer with antlers or spikes protruding through the skin, as 
distinguished from knobs or buttons covered by skin or velvet, may be taken during the following 
seasons: 
(A) Monday on or nearest October 15 to January 1 in the following counties and parts of counties: 



Beaufort 


Edgecombe 


Nash 


Scotland** 


Bertie 


Franklin 


New Hanover 


Tyrrell 


Bladen 


Gates 


Northampton 


Vance 


Brunswick 


Greene 


Onslow 


Wake 


Camden 


Halifax 


Pamlico 


Warren 


Carteret 


Hertford 


Pasquotank 


Washington 


Chowan 


Hoke 


Pender 


Wayne 


Columbus* 


Hyde 


Perquimans 


Wilson 


Craven 


Johnston 


Pitt 




Currituck 


Jones 


Richmond** 





1430 



NORTH CAROLINA REGISTER 



December 15, 1994 



9:18 



PROPOSED RULES 



Dare 
Duplin 



Lenoir 
Martin 



Robeson 
Sampson 



Cumberland: That part south of NC 24 or east of 1-95. 
Harnett: That part west of NC 87. 

Moore**: All of the county except that part north of NC 21 1 and west of US 1 . 
♦Unlawful to hunt or kill deer in Lake Waccamaw or within 50 yards of its shoreline. 
**See 15A NCAC 10D .0003(e)(2) for seasons on Sandhills Game Land. 
(B) Monday of Thanksgiving week to third Saturday after Thanksgiving Day in the following counties 
and parts of counties: 



Alexander 


Davie 


Alleghany 


Forsyth 


Ashe 


Gaston 


Catawba 


Iredell 



Lincoln 


Wilkes 


Stokes 


Yadkin 


Surry 




Watauga 





(C) Monday of Thanksgiving week to third Saturday after Thanksgiving Day in the following counties 
and parts of counties: 



Avery 


Clay 


Jackson 


Polk 


Buncombe 


Cleveland 


Macon 


Rutherford 


Burke 


Graham 


Madison 


Swain 


Caldwell 


Haywood 


McDowell 


Transylvania 


Cherokee 


Henderson 


Mitchell 


Yancey 



(D) Monday before Thanksgiving week to January 1 in the following counties and parts of counties: 



Alamance 


Davidson 


Mecklenburg 


Rockingham 


Anson 


Durham 


Montgomery 


Rowan 


Cabarrus 


Granville 


Orange 


Stanly 


Caswell 


Guilford 


Person 


Union 


Chatham 


Lee 


Randolph 





Cumberland: That part north of NC 24 and west of 1-95. 
Harnett: That part east of NC 87. 
Moore: That part north of NC 211 and west of US 1. 
(2) Deer of Either Sex. Deer of either sex may be taken during the open seasons and in the counties 
and portions of counties listed in this Subparagraph: 

(A) The open either-sex deer hunting dates established by the U.S. Fish and Wildlife Service during 
the period from the first Saturday in October to January 1 in those parts of Hyde, Tyrrell and 
Washington Counties known as the Pocosin Lakes National Wildlife Refuge, in those parts of 
Camden, Gates and Pasquotank Counties known as the Dismal Swamp National Wildlife Refuge, 
and in that part of Currituck County known as the Mackay Island National Wildlife Refuge and 
those parts of Anson and Richmond Counties known as Pee Dee National Wildlife Refuge. 

(B) The open either-sex deer hunting dates established by the appropriate military commands during 
the period from Monday on or nearest October 15 to January 1 in that part of Brunswick County 
known as the Sunny Point Military Ocean Terminal, in that part of Craven County known and 
marked as Cherry Point Marine Base, in that part of Onslow County known and marked as the 
Camp Lejeune Marine Base, on Fort Bragg Military Reservation, and on Camp Mackall Military 
Reservation. 

(C) Second Saturday in October for youth either sex deer hunting by permit only on a designated 
portion of Belews Creek Steam Station in Stokes County. 

(D) The second Saturday in December in all of Buncombe, Catawba, Gaston, Haywood, Henderson, 
Lincoln, Madison, Mitchell, Polk, Transylvania, and Yancey Counties and the following parts 
of counties: 



9:18 



NORTH CAROLINA REGISTER 



December 15, 1994 



1431 



PROPOSED RULES 



Avery: That part south of the Blue Ridge Parkway. 

(E) Wednesday to Saturday of the week following Thanksgiving in all of Cumberland, Dare, Harnett, 
Hoke, Mecklenburg, Tyrrell, Union, and Wilson Counties and in the following parts of counties: 
Cabarrus: That part west of US 52 and east of 1-85. 

Cumberland: That part west of 1-95. 

Dare: except the Outer Banks north of Whalebone. 

Johnston: That part north of US 70 and east or west of I-95j and that part south of U.S. 70 and 

west of 1-95 . 

Richmond: That part east of a line formed by US 220 from the Montgomery County line to 

Rockingham and US 1 from Rockingham to the South Carolina line, except on game lands. 

Rowan: That part west of US 52. 

Sampson: — That part north of NC 2 4 . 

Scotland: That part north of US 74 except game lands. 

Wayne: That part north of US 70. 

(F) Wednesday of the week following Thanksgiving to Saturday of next succeeding week in all of 
Alamance, Caswell, Camden, Chatham, Franklin, Greene, Guilford, Lee, Orange, Pasquotank, 
Person, Rockingham, Stanly, Vance, and Washington Counties and in the following parts of 
counties: 

Cabarrus: That part east of US 52. 

Carteret: All of the county except game lands. 

Chowan: That part north of US 17 and west of NC 32. 

Columbus: That part west of US 74, SR 1005, and SR 1125. 

Cumberland: That part east of 1-95. 

Currituck: All of the county except the Outer Banks. 

Davidson: Except except on game lands southeast of NC 49. 

Durham: All of the county except on game lands. Butner Falls of Ncusc Game Land. 

Granville: — All of the county except Butner Falls of Ncuse Game Land. 

Johnston: That part north of US 70 and west of 1-95. 

Lenoir: — That part west of NC 11. 

Montgomery: — All of the county except Uwharrie Game Land. 

Moore: All of the county except Sandhills Game Land. 

Nash: That part south of US 64. 

Orange: All of the county except on game lands. 

Randolph: All of the county except on game lands. 

Richmond: That part east of Little River and west of a line formed by US 220 from the 

Montgomery County line to Rockingham and US 1 from Rockingham to the South Carolina line. 

Robeson: That part east of 1-95. 

Rowan: That part east of US 52 , except on game land s. 

Wake: All of the county except on game lands. Butner Falls of Neuse Game Land. 

Wayne: That part south of US 70. 

(G) Monday of Thanksgiving week to the third Saturday after Thanksgiving Day in that part of 
Buncombe County east of NC 191, south of the French Broad and Swannanoa Rivers, west of 
US 25, and north of SR 3503, NC 280 and SR 3501. 

(H) Wednesday of the week following Thanksgiving to January 1 in all of Brunswick, Edgecombe, 
Franklin, Gates, Hertford, Lenoir, Northampton, Perquimans, Pitt, Sampson, Vance, and Warren 
Counties, and in the following parts of counties: 
Anson: All of the county except game lands. 
Beaufort: All of the county except game lands. 

Bertie: All of the county except Roanoke River Wetlands and Roanoke River National Wildlife 
Refuge. 

Bladen: All of the county except game lands. 
Chatham: All of the county except game lands. 
Chowan: That part south of US 17 or east of NC 32. 

Columbus: That part east of a line formed by US 74, SR 1005, and SR 1 125. 
Craven: All of the county except game lands. 



1432 NORTH CAROLINA REGISTER December 15, 1994 9:18 



PROPOSED RULES 



Dare: That part of the Outer Banks north of Whalebone. 

Duplin: All of the county except game lands. 

Granville: All of the county except game lands. 

Halifax: All of the county except Roanoke River Wetlands. 

Hyde: All of the county except game lands. 

Johnston: That part south of US 70 and east of 1-95. 

Jones: All of the county except game lands. 

Lenoir: — That part cast of NC 1 1 . 

Martin: All of the county except Roanoke River Wetlands. 

Montgomery: All of the county except game lands. 

Nash: That part north of US 64. 

New Hanover: That part north of US 74, except game lands. 

Onslow: All of the county except game lands. 

Pamlico: All of the county except game lands. 

Pender: All of the county except game lands. 

Richmond: That part west of Little River. 

Sampson: That part south of NC 2 4 . 
(I) The second Wednesday after Thanksgiving to the third Saturday after Thanksgiving in all of 

Alexander, Alleghany, Ashe, Cleveland, Davie, Forsyth. Iredell, Rutherford, Stokes, Surry, -and 

Wilkes and Yadkin Counties. 
(J) The third Friday after Thanksgiving to the third Saturday after Thanksgiving in all of Alleghany, 

Ashe, Burke, Caldwell, Forsyth, McDowell, Polk, and Watauga, and Yadkin Counties. 
(K) In those counties or parts of counties listed in Paragraph (b) (2) (H), except on game lands, two 

antlerless deer may be taken during that part of the regular gun season in which no other either 

sex season is open and must be tagged with the Antlerless deer tag or the Bonus Antlerless deer 

tag. 
(L) In those counties or parts of counties listed in Part (b)(2)(F), except on game lands, one antlerless 

deer may be taken during that part of the regular gun season in which no other either-sex season 

is open and must be tagged with the Antlerless deer tag. 
(M) In Alexander, Alleghany, Ashe, Davie, Forsyth, Iredell, Stokes, Surry, Wilkes, and Yadkin 

counties except on Game Lands, one anterless deer may be taken during that part of the regular 

gun season and that part of the muzzle-loading season in which no other either-sex season is open 

and must be tagged with the Antlerless deer tag. 
(3) Game Lands Either-Sex Hunts. On the hunt dates indicated, deer of either sex may be taken by 
permittees engaged in managed hunts conducted on game lands in accordance with 15A NCAC 10D 
.0003(e)(4) and (5). 
(c) Open Seasons (Bow and Arrow) 

(1) Authorization. Subject to the restrictions set out in Subparagraph (2) of this Paragraph and the bag 
limits set out in Paragraph (e) of this Rule, deer of either sex may be taken with bow and arrow 
during the following seasons: 

(A) Monday on or nearest September 10 to the fourth Saturday thereafter in the counties and parts 
of counties having the open season for male deer specified by Part (A) of Subparagraph (b)(1) 
of this Rule, except on the Sandhills Game Land and the area known as the Outer Banks in 
Currituck County. 

(B) Monday on or nearest September 10 to the second Saturday before Thanksgiving in the counties 
and parts of counties having the open seasons for male deer specified by Part (B) of Subparagraph 
(b)(1) of this Rule. 

(C) Monday on or nearest September 10 to the fourth Saturday thereafter, and Monday on or nearest 
October 15 to the Saturday before Thanksgiving in the counties and parts of counties having the 
open seasons for male deer specified by Part (C) of Subparagraph (b)(1) of this Rule. 

(D) Monday on or nearest September 10 to the third Saturday before Thanksgiving in the counties 
and parts of counties having the open season for male deer specified by Part (D) of Subparagraph 
(b)(1) of this Rule, and on Sandhills Game Land. 

(2) Restrictions 

(A) Dogs may not be used for hunting deer during the bow and arrow season. 



9:18 NORTH CAROLINA REGISTER December 15, 1994 1433 



PROPOSED RULES 



(B) It is unlawful to carry any type of firearm while hunting with a bow during the bow and arrow 
deer hunting season. 

(C) Only bows and arrows of the types authorized in 15A NCAC 10B .01 16 for taking deer may be 
used during the bow and arrow deer hunting season. 

(d) Open Seasons (Muzzle-Loading Rifles and Shotguns) 



(1) 



(A) 



(B) 



(C) 



(2) 



Authorization. Subject to the restrictions set out in Subparagraph (2) of this Paragraph, deer may 
be taken only with muzzle-loading firearms during the following seasons: 
Monday on or nearest October 8 to the following Saturday in the counties and parts of counties 
having the open seasons for male deer specified by Items (A) and (C) of Subparagraph (b)(1) of 
this Rule, except on Sandhills Game Land and the area known as the Outer Banks in Currituck 
County. 

Monday to Saturday of the week preceding Thanksgiving week in the counties and parts of 
counties having the open seasons for male deer specified by Item (B) of Subparagraph (b)(1) of 
this Rule. 

Monday to Saturday of the second week before Thanksgiving week in the counties and parts of 
counties having the open season for male deer specified by Part (D) of Subparagraph (b)(1) of 
this Rule, and on Sandhills Game Land. 
Restrictions 
Deer of either sex may be taken during muzzle-loading firearms season in those counties or parts 
of counties listed in Parts (A) and (D) of Subparagraph (b) (1) of this Rule and deer of either sex 
may be taken on the last day of muzzle-loading firearms season in those counties or parts of 
counties listed in Part (B) and (C) of Subparagraph (b) (1) of this Rule. 
Dogs may not be used for hunting deer during the muzzle-loading firearms seasons. 
Pistols may not be carried while hunting deer during the muzzle-loading firearms seasons, 
(e) Bag Limits: Daily, two; possession, five, one of which must be antlerless; season, five, one of which 
must be antlerless. In those areas listed in Part (b)(2)(I) of this Rule one additional antlerless deer may be 
taken provided it is tagged with the Bonus Antlerless deer tag. Antlerless deer include males with knobs or 
buttons covered by skin or velvet as distinguished from spikes protruding through the skin. The antlerless 
bag limits described in this Rule do not apply to antlerless deer harvested in areas covered |n the Deer 
Management Assistance Program as described in G.S. 1 13-291 .2(e). Individual daily antlerless bag limits on 
these areas are determined by the number of special tags, issued by the Division of Wildlife Management as 
authorized by the Executive Director, that are in the possession of the hunter. Season antlerless bag limits 



(A) 



(Bi 
(C) 



are set by the number of tags available. All antlerless deer harvested on these areas, regardless of the date 
of harvest, must be tagged with these special tags but do not have to be tagged with Big Game Tags provided 
with the hunting license. 

(f) Kill Reports. The carcass of each deer shall be tagged and the kill reported as provided by 15A NCAC 
10B .0113. 

Statutory Authority G.S. 113-134; 113-270.3; 113-276.1; 113-291.1; 113-291.2. 



.0204 WILD BOAR (BOTH SEXES) 

(a) Open Seasons: Monday on or nearest 
October 15 to the Saturday before Thanksgiving, 
and the third Monday after Thanksgiving to Janu- 
ary 1, except on bear sanctuaries located on the 
game lands in and west of the countie s of Madi ■ 
son. Buncomb e , Hender s on and Polk , where the 
boar seasons are controlled by 15A NCAC 10D 
.0003<d)ie) (3)(B). 

(b) Bag Limits: Daily, one; possession, one; 
season, two. 

(c) Kill Reports. The carcass of each wild boar 
shall be tagged and the kill reported as provided 
by 15ANCAC 10B .0113. 



Statutory Authority G.S. 113-134; 113-270.3; 
113-276.1; 113-291.2. 

.0206 SQUIRRELS 

(a) Open Seasons: 

(1) Gray and Red Squirrels: Monday on or 
nearest October 15 to January 31 state- 
wide. 

(2) Fox Squirrels: Monday on or nearest 
October 15 to December 31 in the 
counties of Anson, Bladen, Brunswick, 
Cumberland, Duplin, Greene, Harnett, 
Hoke, Johnston, Jones, Lenoir, Moore, 
New Hanover, Onslow, Pender, Pitt, 
Richmond, Sampson, Scotland and 



1434 



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December 15, 1994 



9:18 



PROPOSED RULES 



Wayne, 
(b) Bag Limits: Daily, eight; possession, 16; 
season, 75; These statewide limits include the 
following limits of fox squirrels taken in those 
ounties having an open season: daily, one; 
jossession, two; season, 10. 

Statutory Authority G.S. 113-134; 113-291.2. 

.0209 WILD TURKEY (BEARDED 
TURKEYS ONLY) 

(a) Open Season shall be from the: 

Second Saturday in April to Saturday of 
the fourth week thereafter on bearded 
turkeys in the following counties: 
Alleghany, Ashe, Buncombe, Caswell, 
Cherokee, Clay, Gates, Graham, 
Haywood, Henderson, Hertford, Hyde^ 
Jackson, Macon, Madison, Onslow, 
Orange, Person, Polk, Rockingham, 
Rutherford, **Scotland, Stokes, Surry, 
Swain, Transylvania, Watauga, Wilkes, 
and in the following portions of 
counties: 

Alamance: All of the county except 
that part south of 1-85 and west of NC 
87. 

Anson: That part east of US 52 and 
north of US 74 and that part east of NC 
145 and south of US 74. 

** Bertie: That part west of a line formed 
by NC 45 from the Hertford County 
line to Colerain, NC 42 to Powellsville, 
US 13 to US 17 South, US 17 South to 
SR 1500, SR 1500 to NC 308, and NC 
308 to the Washington County line. 

** Bladen: That part south of US 701 and 

east of NC 87 or SR 1730. 
Brunswick: That part north of US 
74-76 or east of NC 133. 
Buncombe: — All of the county except 
that part north and cast of a boundary 
formed by US 19/23, I 2 4 0, and I 4 0. 
Burke: That part north of 1-40 and 
west of NC 18 and NC 181. 
Carteret: That part west of US 70 and 
north of NC 24. 

Chatham: That part north of US 64 
and west of SR 1008. 
Cleveland: That part west of NC 18. 
Columbus: That part south of US 7 4 
and we s t of NC 4 10 and tha t That part 
north of NC 87. 

Craven: That part west of US 70, and 
oouth of SR 1101 east of US 17, south 



of the Neuse River and west of 
Clubfoot Creek and the Harlowe Canal; 



and that part north of the Neuse River, 

south of a line formed by US 17 and 

US 17 Business, and east of a line 

formed by SR 1440 and SR 1441 . 

Durham: That part west of US 501 . 

Granville: All of the county except that 

part west of a line formed by SR 1 126 

from the county line to the intersection 

of SR 1004 then west on SR 1004 to 

the intersection of SR 1112 then east on 

SR 1 1 12 to NC 56 then east on 56 to I- 

85 then south on 1-85 to the county 

line. 

Halifax: Starting at the Northampton 

County Line, That that part east and 

north of a Hne formed by 1-95, NC 903 

and US 30J. ea s t of I 95 . 

Hoke: That part south and west of NC 

211. 

Hyde: Starting at the Tyrrell County 

line, that part west of a line formed by 

NC 94, US 264 West. SR JJ24 to 

Judges Quarter then Quarter Canal to 

Juniper Bay. 

Johnston: That part south of US 70 

and 1-95 and east of US 701 . 

Jones: That part east of US J_7 and 

north of SR 1004; and starting at the 

Onslow County line, that part south of 

a Hne formed by US 17, NC 58, and 

SR 1105. 

Martin: That part north of a boundary 

formed by US 64 from the Washington 

County line to Williamston, north of 

NC 125 from Williamston to the 

junction with NC 142, and north of NC 

142 to the Edgecombe County line. 

McDowell: That part north of US 70 

and that part south of 1-40. 

Mitchell: That part north and west of 

a boundary formed by NC 197, NC 

226, and NC 261. 

Montgomery: All of the county except 

that part north of NC 24/27 and east of 

NC 134. 

Moore: That part south of NC 211. 

New Hanover: That part west of NC 

133. 

Northampton: That part south of a 

boundary formed by US 158 from the 

Halifax County line to Jackson, NC 305 

from Jackson to Rich Square, US 258 

from Rich Square to NC 308, and NC 



9:18 



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December 15, 1994 



1435 



PROPOSED RULES 



308 to the Bertie County line and that 
part south of NC 186, east of SR 1341, 
and north of SR 1333 and SR 1351 . 
Onslow: — All of the county except that 
part cast of a line formed by US 17, SR 
1 4 3 4 and SR 1 44 2. 

Pender: Starting at the Sampson 
County line, that part west of a line 
formed by US 421, NC 210, and NC 
133^ and starting at the Onslow county 
line, that part south of NC 53, east of 
the Northeast Cape Fear River, and 
north of the northern boundary of Holly 
Shelter Game Land and US 17 . 
Richmond: All of the county except 
that part south of US 74 and east of US 
1. 

Robeson: — That part cast of I 95 and 
south of US 7 4 . 
Surry: — That part west of I 77. 
Union: That part south of NC 74 and 
west of NC 207. 



Wilkes: That part north of NC 268. 

Yancey: AU of the county except that 

Tfeat part north of US +9W 19E and 

east of NC 197. SR 1 4 17. 
** The Sandhills Game Land in Richmond, 

Scotland, and Moore Counties, the Bladen 
Lakes State Forest Game Lands in Bladen 
County, the Northeast Cape Fear 
Wetlands Game Lands in Pender County, 
and the Roanoke River Wetlands in 
Bertie, Halifax, and Martin Counties are 
closed to turkey hunting except by holders 
of special permits authorizing turkey 
hunting as provided in G.S. 113-264(d). 
Application forms for permits to 
participate in managed turkey hunts on 
game lands, together with pertinent 
information and instructions are found in 
the Regulation Digest, which may be 
obtained from hunting and fishing license 
agents and from the Wildlife Resources 
Commission. Completed applications 
must be postmarked or received no later 
than January 20 of each year. , 1993. 

(b) Bag Limits shall be: 

(1) daily, one; 

(2) possession, two; 

(3) season, two. 

(c) Dogs Prohibited. It is unlawful to use dogs 
for hunting turkeys. 

(d) Kill Reports. The carcass of each wild 
turkey shall be tagged and the kill reported as 
provided by 15A NCAC 10B .0113. 



Statutory Authority G.S. 113-134; 113-270.3; 
113-276.1; 113-291.2. 

.0214 WILDCAT (BOBCAT) 

(a) Open Seasons 

(1) Third Monday after Thanksgiving to 
January 31 in and west of Stokes, 
Forsyth, Davie, Iredell, Mecklenburg 
and Union Counties, except there is no 
open season in the following parts of 
counties: 

Cherokee: That part north of US 
64 and NC 294, east of 
Persimmon Creek and Hiwassee 
Lake, south of Hiwassee Lake, 
and west of Nottely River. 
Jackson: — That part north of SR 
1762 and NC 281, cast of SR 
1757 and south of SR 1756. 
Madison: That part north of the 
French Broad River, south of US 
25-70, and west of SR 1319. 
Polk: — That part northwest of NC 
108 and west of I 26 south of 
Columbus. 

Rutherford: — That part east of US 
221 and north of Business US 7 4 . 

(2) The Monday on or nearest October 15 

through Third Monday after 

Thanksgiving to the second Saturday in 
February in all other counties. 

(b) Bag Limits: No restriction. 

Statutory Authority G.S. 113-134; 113-291.2. 

SUBCHAPTER IOC - INLAND FISHING 
REGULATIONS 

SECTION .0200 - GENERAL 
REGULATIONS 

.0205 PUBLIC MOUNTAIN TROUT 
WATERS 

(a) Designation of Public Mountain Trout 
Waters. On game lands located in western North 
Carolina certain waters are designated as public 
mountain trout waters and classified as wild trout 
waters or hatchery supported waters. For specific 
classifications see Subparagraphs (1) and (2) of 
Paragraph (a) of this Rule. Other streams, 
portions of streams, and bodies of water which are 
not located on game lands are designated within 
this Rule as public mountain trout waters and are 
classified as hatchery supported trout waters or 
wild trout waters. These waters are posted and 



1436 



NORTH CAROLINA REGISTER 



December 15, 1994 



9:18 



PROPOSED RULES 



sts thereof are filed with the clerks of superior 
ourt of the counties in which they are located: 
(1) Hatchery Supported Trout Waters. The 
hatchery supported public mountain 
trout waters are designated in this 
Subparagraph under the counties where 
located. Where specific watercourses 
are listed indentation indicates the 
watercourse named is tributary to the 
next preceding watercourse named and 
not so indented. The designation 
applies to the entire watercourse or 
impoundment named, including 
tributaries only when the confluence of 
the tributaries and the designated 
mainstem also lies on game lands, 
except — as — otherwise — indicated — m 
parentheses following the name. — Other 
clarifying — information — may — a4se — be 
included parenthetically otherwise. Wild 
Trout regulations app ly to the 
tributaries: 



(A) 



Alleghany County: 

New River (not trout water) 
Little River (Whitehead 
McCann Dam) 
Crab Creek 



to 



North Fork New River (Watauga 
Co. line to Sharp Dam) 

Helton Creek (Virginia State 

line to New River) 

Big Horse Creek (SR 1361 

bridge to Tuckerdale) 

Buffalo Creek (headwaters to 

junction of NC 194-88 and SR 

1131) 

Big Laurel Creek 

Three Top Creek (portion not 

on game lands) 

Hoskins Fork (Watauga 

County line to North Fork 

New River) 
South Fork New River (not trout 
waters) 

Cranberry Creek (Alleghany 

County line to South Fork 

New River) 

Nathans Creek 

Peak Creek (headwaters to 

Trout Lake, except Blue Ridge 

Parkway waters) 

Trout Lake (Delayed harvest 

regulations apply) 

Roan Creek 





Brush Creek (except where posted 


North Beaver Creek 




against trespass) 


South Beaver Creek 




Little Pine Creek 


(headwaters to Ashe Lake) 




Big Pine Creek 


Pine Swamp Creek (all forks) 




Laurel Branch 


Old Fields Creek 




Big Glade Creek 


Mill Creek (except where 




Bledsoe Creek 


posted against trespass) 




Pine Swamp Creek 


(C) Avery County: 




Waterfalls Creek (South Fork 


Nolichucky River (not trout waters) 




Little River)(except where posted 


North Toe River (headwaters to 




against trespass) 


Mitchell County line, except 




South Fork New River (not trout 


where posted against trespass) 




water) 


Plumtree Creek 




Prather Creek 


Squirrel Creek 




Cranberry Creek 


Elk River (SR 1306 crossing to 




Pinev Fork (SR 1142 bridge to 


Tennessee State line) 




Cranberry Creek) 


Catawba River (not trout water) 




Meadow Fork 


Johns River (not trout water) 




Yadkin River (not trout water) 


Wilson Creek [not Hatchery 




Roaring River (not trout water) 


Supported trout water, see 




East Prong Roaring River (that 


Subparagraph (2) of Paragraph (a) 




portion on Stone Mountain 


of this Rule] 




State Park) Delayed Harvest 


Lost Cove Creek [not Hatchery 




Waters regulations apply. See 


Supported trout water, see 




Subparagraph (5) of Paragraph 


Subparagraph (4) of Paragraph (a) 




(a) of this Rule. 


of this Rule] 


(B) 


Ashe County: 


Gragg Prong 




New River (not trout waters) 


Webb Prong 


9:18 


NORTH CAROLINA REGISTER 


December 15, 1994 1437 



PROPOSED RULES 



Buck Timber Creek [not Hatchery 
Supported trout water, see 
Subparagraph (2) of Paragraph (a) 
of this Rule] 

Cary Flat Branch [not Hatchery 
Supported trout water, see 
Subparagraph (2) of Paragraph (a) 
of this Rule] 

Boyde Coffey Lake 

Archie Coffey Lake 
Linville River (Sloop Dam to Blue 
Ridge Parkway boundary line) 

Milltimber Creek 
Linville River [Land Harbor line 
(below dam) to Ben Aldridge line, 
except Bob Miller property] 

(D) Buncombe County: 

French Broad River (not trout water) 
Big Ivy Creek (Ivy River) 
(Dillingham Creek to US 19-23 
bridge) 

Dillingham Creek (Corner 

Rock Creek to Big Ivy Creek) 

Stony Creek 

Mineral Creek 

Corner Rock Creek 
Reems Creek (Sugar Camp Fork to 
US 19-23 bridge, except where posted 
against trespass) 

Swannanoa River (SR 2702 bridge 
near Ridgecrest to Sayles Bleachery in 
Asheville, except where posted 
against trespass) 

Bent Creek (headwaters to N.C. 
Arboretum boundary line) 

Lake Powhatan 
Cane Creek (headwaters to SR 3138 
bridge) 

(E) Burke County: 

Catawba River (not trout water) 

South Fork Catawba River (not 
trout water) 

Henry Fork (lower Morganton 
watershed line downstream to 
SR 1919 at Ivy Creek) 
Jacob Fork (Shinny Creek to 
lower South Mountain State 
Park boundary) Delayed 

Harvest Regulations apply. 
See Subparagraph (a)(5) of this 
Rule. 
Johns River (not trout water) 
Parks Creek (not trout water) 
Carroll Creek (game lands 
above SR 1405) 



Linville River (game lands portion 
below the Blue Ridge Parkway 
and from first bridge on SR 1223 
below Lake James powerhouse to 
Muddy Creek) 

(F) Caldwell County: 

Catawba River (not trout water) 
Johns River (not trout water) 

Wilson Creek (Phillips Branch to 

Browns Mountain Beach dam, 

except where posted against 

trespass) 

Estes Mill Creek (not trout water) 

Thorpe Creek (fells to NC 90 

bridge) 
Mulberry Creek (not trout water) 
Boone Fork (not Hatchery 
Supported trout water) 

Boone Fork Pond 

(G) Cherokee County: 

Hiwassee River (not trout water) 
Shuler Creek (headwaters to 
Tennessee line, except where 
posted against trespass) 
North Shoal Creek (Crane Creek) 
(headwaters to SR 1325) 
Persimmon Creek 
Davis Creek 

Bald Creek 
Beaver Dam Creek (headwaters to 
SR 1326 bridge) 
Valley River 

Hyatt Creek 

Webb Creek 

Junaluska Creek (Ashrurn 

Creek to Valley River) 
(H) Clay County: 

Hiwassee River (not trout water) 
Fires Creek (the fish barrier to 
first bridge above the lower game 
land line on US Forest Service 
Road 442 to SR 1300) 
Tusquitee Creek (headwaters to 
lower SR 1300 bridge) 

Tuni Creek 
Chatuge Lake (not trout water) 
Shooting Creek (headwaters to US 
64 bridge at SR 1338) 

Hothouse Branch 

Vineyard Creek 
(I) Graham County: 

Little Tennessee River (not trout 
water) 

Calderwood Reservoir (Cheoah 
Dam to Tennessee State line) 



1438 



NORTH CAROLINA REGISTER 



December 15, 1994 



9:18 



PROPOSED RULES 



Cheoah River (not trout water) 

Yellow Creek 

Santeelah Reservoir (not trout 

water) 
West Buffalo Creek 
Huffman Creek (Little 

Buffalo Creek) 
Squalla Creek 

South Fork Squalla 

Creek 

Santeelah Creek (Johns Branch 

to mouth) 
Big Snowbird Creek (old railroad 
junction to mouth) 
Mountain Creek (game lands 
boundary to SR 1 138 bridge) 

Long Creek (portion not on 

game lands) 

Tulula Creek (headwaters to 

lower bridge on SR 1211) 
Franks Creek 
Cheoah Reservoir 
Fontana Reservoir (not trout 
water) 

Stecoah Creek 

Sawyer Creek 

Panther Creek 
(J) Haywood County: 

Pigeon River (not trout water) 
Hurricane Creek 
Cold Springs Creek 
Jonathans Creek - lower (concrete 
bridge in Dellwood to Pigeon 
River) 

Jonathans Creek - upper [SR 1302 
bridge (west) to SR 1307 bridge] 

Hemphill Creek 

West Fork Pegion River 

(headwaters to Champion 

International property line, 

except Middle Prong) 
Richland Creek (Russ Avenue 
bridge to US 19A-23 bridge) 
Delayed Harvest Regulations 
apply. See Subparagraph (a)(5) 
of this Rule. 
(K) Henderson County: 

Broad River (not trout water) 

Rocky Broad River (one-half mile 

north of Bat Cave to Rutherford 

County line) 

Green River - upper (mouth of 

Bob Creek to mouth of Rock 

Creek) 

Green River - lower (Lake 



Summit Dam to Polk County line) 
Camp Creek (SR 1919 to Polk 
County line) 
Big Hungry River 
Little Hungry River 
North Fork Mills River 
(game lands portion below the 
Hendersonville watershed dam) 
Delayed Harvest 
Regulations apply. See 

Subparagraph (a)(5) of this 
Rule. 
(L) Jackson County: 

Tuckasegee River (confluence with 

West Fork Tuckasegee River to SR 

1392 bridge at Wilmot) 

Delayed Harvest Regulations apply to 

that portion between NC 107 bridge 

at Love Field and NC 116 bridge at 

Webster. See Subparagraph (a)(5) of 

this Rule. 

Scott Creek (entire stream, except 

where posted against trespass) 

Dark Ridge Creek (Jones Creek to 
Scotts Creek) 

Buff Creek (SR 1457 bridge 
below Bill Johnson's place to 
Scott Creek) 
North Fork Scott Creek 
Savannah Creek (Headwaters to 
Bradley's Packing House on NC 116) 
Greens Creek (Greens Creek 
Baptist Church on SR 1730 to 
Savannah Creek) 
Cullowhee Creek (Tilley Creek to 
Tuckasegee River) 

Bear Creek Lake 
Wolf Creek [not Hatchery Supported 
trout water, see Subparagraph (2) of 
Paragraph (a) of this Rule] 
Wolf Creek Lake 
Balsam Lake 
Tanasee Creek [not Hatchery 
Supported trout water, see 
Subparagraph (2) of Paragraph (a) of 
this Rule] 

Tanasee Creek Lake 
West Fork Tuckasegee River (Shoal 
Creek to existing water level of Little 
Glenville Lake) Shoal Creek 
(Glenville Reservoir pipeline to 
mouth) 
(M) Macon County: 

Little Tennessee River (not trout water) 
Nantahala River (Nantahala Dam 



9:18 



NORTH CAROLINA REGISTER 



December 15, 1994 



1439 





PROPOSED RULES 






to Swain County line) Delayed 




(headwaters to North Cove 




Harvest Regulations apply to the 




School, SR 1569) 




portion from Whiteoak Creek to 




Armstrong Creek (Cato Holler 




the Nantahala Power and Light 




line downstream to upper 




powerhouse discharge canal. See 




Greenlee line) 




Subparagraph (a)(5) of this Rule. 




Mill Creek (upper railroad bridge 




Queens Creek Lake 




to U.S. 70 Bridge, except where 




Roaring Fork Creek (game land 




posted against trespass) 




boundary to mouth) 


(P) 


Mitchell County: 




Burningtown Creek 




Nolichucky River (not trout water) 




Cullasaja River (Sequoah Dam to 




Big Rock Creek (headwaters to 




US 64 bridge near junction of SR 




fishing club property above A.D. 




1672) 




Harrel farm) 




Ellijay Creek (except where 




Little Rock Creek (Green 




posted against trespass) 




Creek Bridge to Big Rock 




Skitty Creek (not trout water) 




Creek, except where posted 




Cliffside Lake 




against trespass) 




Cartoogechaye Creek (US 64 




Cane Creek (SR 1219 to 




bridge to Little Tennessee River) 




Nolichucky River) 




Tessentee Creek (Nichols Branch 




Grassy Creek (East Fork Grassy 




to Little Tennessee River, except 




Creek to mouth) 




where posted against trespassing) 




East Fork Grassy Creek 




Savannah River (not trout water) 




North Toe River (Avery County 




Big Creek (base of falls to 




line to SR 1121, Altapass Road) 




Georgia State line) 


(Q) 


Polk County: 


(N) 


Madison County: 




Broad River (not trout water) 




French Broad River (not trout water) 




North Pacolet River (Pacolet Falls 




Shut-In Creek 




to NC 108 bridge) 




Spring Creek (junction of NC 209 




Fork Creek (Fork Creek 




and NC 63 to lower US Forest 




Church on SR 1128 to North 




Service boundary line) 




Pacolet River) 




Meadow Fork Creek 




Big Fall Creek (portion above 




Roaring Fork 




and below water supply 




Little Creek 




reservoir) 




Max Patch Pond 




Green River (Henderson County 




Mill Ridge Pond 




line to mouth of Brights Creek) 




Big Laurel Creek (Mars Hill 




Little Cove Creek 




Watershed boundary to Rice's Mill 




Cove Creek 




Dam) 




Camp Creek [Henderson 




Shelton Laurel Creek (headwaters 




County line (top of falls) to 




to NC 208 bridge) 




Green River] 




Big Creek (headwaters to 




Fulloms Creek (SR 1154 to 




lower game land boundary) 




Green River) 




Mill Creek 


(R) 


Rutherford County: 




Spillcorn Creek 




Broad River (not trout water) 




Puncheon Fork (Hampton Creek 




Rocky Broad River (Henderson 




to Big Laurel Creek) 




County line to head of rapids at 


(0) 


McDowell County: 




Goose Pond Hole, except 




Catawba River (not trout water) 




whereposted against trespass) 




Buck Creek (not trout water) 


(S) 


Stokes County: 




Little Buck Creek (game land 




Dan River (lower Flippin property 




portion) 




line below SR 1416 to 200 yards 




Curtis Creek (fish barrier to US 




downstream from end of SR 




70 bridge) 




1421) 




North Fork Catawba River 


(T) 


Surry County: 


1440 


NORTH CAROLINA REGISTER 




December 15, 1994 9:18 



PROPOSED RULES 



Yadkin River (not trout water) 

Ararat River (SR 1727 
downstream to the Business US 
52 bridge) 

Delayed Harvest regulations 
apply. See Subparagraph (5) of 
Paragraph (a) of this Rule. 
Stewarts Creek (not trout water) 
Pauls Creek (Virginia State 
line to (K3 mile below SR 
1 625 bridge-lower Caudle 
property line) 
Fisher River (Cooper Creek) 
(Virginia State line to NC 89 
bridge) 

Little Fisher River (Virginia 
State line to NC 89 bridge) 
(U) Swain County: 

Little Tennessee River (not trout 
water) 

Calderwood Reservoir (Cheoah 

Dam to Tennessee State line) 

Cheoah Reservoir 

Fontana Reservoir (not trout 

water) 

Alarka Creek 

Nantahala River (Macon County 

line to existing Fontana Reservoir 

water level) 

Tuckasegee River (not trout 

water) 

Deep Creek (Great Smoky 
Mountains National Park 
boundary line to Tuckasegee 
River) 

Connelly Creek 
(V) Transylvania County: 

French Broad River (junction of west 
and north forks to US 276 bridge) 
Davidson River (Avery Creek to 
Ecusta intake) 

East Fork French Broad River (Glady 
Branch to French Broad River) 
Middle Fork French Broad River 
West Fork French Broad River (SR 
1312 and SR 1309 intersection to 
junction of west and north forks) 
Savannah River (not trout water) 
Thompson River (SR 1152 to 
South Carolina state line, except 
where posted against trespass) 
(W) Watauga County: 

New River (not trout waters) 

North Fork New River (from 
confluence with Maine and Mine 



branches to Ashe County line) 
Maine Branch (headwaters to 
North Fork New River) 

South Fork New River (not trout 

water) 

Meat Camp Creek 

Norris Fork Creek 
Howards Creek (downstream from 
lower fells) 

Middle Fork New River (Lake 

Chetola Dam to South Fork New 

River) 

Yadkin River (not trout water) 

Stony Fork (headwaters to Wilkes 
County line) 

Elk Creek (headwaters to gravel 
pit on SR 1508, except where 
posted against trespass) 

Watauga River (SR 1559 at Foscoe 

downstream to NC 105 bridge) 

Delayed Harvest Regulations apply. 

See Subparagraph (5) of Paragraph (a) 

of this Rule. 
Beech Creek 

Buckeye Creek Reservoir 
Coffee Lake 
Laurel Creek 

Cove Creek (SR 1233 bridge at 
Zionville to SR 1233 bridge at 
Amantha) 

Dutch Creek (second bridge on 
SR 1134 to mouth) 
Boone Fork (headwaters to SR 
1562) 
(X) Wilkes County: 

Yadkin River (not trout water) 
Roaring River (not trout water) 
East Prong Roaring River 
(Bullhead Creek to Brewer's Mill 
on SR 1943) (Delayed 
harvestregulations apply to 
portion on Stone Mountain State 
Park) See Subparagraph (5) of 
Paragraph (a) of this Rule. 
Stone Mountain Creek (Delayed 
Harvest Regulations apply. See 
Subparagraph (5) of Paragraph (a) 
of this Rule.) 

Middle Prong Roaring River 

(headwaters to second bridge on SR 

1736) 

Harris Creek (end of SR 1716 to 

mouth) 

Pell Branch Pond 

Boundary Line Pond 



9:18 



NORTH CAROLINA REGISTER 



December 15, 1994 



1441 



PROPOSED RULES 



West Prong Roaring River (not trout 
waters) 

Pike Creek 

Pike Creek Pond 
Reddies River (not trout water) 

Middle Fork Reddies River (Clear 
Prong) (headwaters to bridge on 
SR 1580) 

South Fork Reddies River 
(headwaters to NC 16 bridge) 
North Fork Reddies River 
(Vannoy Creek) (headwaters to 
Union School bridge on SR 1559) 
North Prong Reddies River 
(Darnell Creek) (downstream 
ford on SR 1569 to confluence 
with North Fork) 
Lewis Fork Creek (not trout water) 
South Prong Lewis Fork 
(headwaters to Lewis Fork Baptist 
Church) 

Fall Creek (except portions 
posted against trespass) 
Stony Fork Creek (headwaters to Mt. 
Zion bridge near intersection of SR 
1155 and SR 1167) 
(Y) Yancey County: 

Nolichucky River (not trout water) 
Cane River (Cattail Creek to 
Bowlens Creek) 

Bald Mountain Creek (except 
portions posted against trespass) 
Indian Creek (not trout water) 
Price Creek (junction of 
SR 1120 and SR 1121 to 
Indian Creek) 
South Toe River (Clear Creek to 
lower boundary line of Yancey 
County recreation park except 
where posted against trespass) 
(2) Wild Trout Waters. All designated 
public mountain trout waters located on 
game lands are classified as wild trout 
waters unless classified otherwise. The 
trout waters listed in this Subparagraph 
are also classified as wild trout waters. 
On game lands all tributaries to wild 
trout waters are also classified as wild 
trout waters. 
(A) Alleghany County: 

Big Sandy Creek (portion on Stone 
Mountain State Park) 
Ramey Creek (entire stream) 
Stone Mountain Creek (that portion 
on Stone Mountain State Park) 



(B) Ashe County: 

Big Horse Creek (Virginia State Line 
to SR 1361 bridge) Catch and 
Release/Artificial Lures Only 
Regulations apply. See Subparagraph 
(a)(3) of this Rule. 

(C) Avery County: 

Birchfield Creek (entire stream) 
Cow Camp Creek (entire stream) 
Cranberry Creek (entire stream) 
Horse Creek (entire stream) 
Jones Creek (entire stream) 
Kentucky Creek (entire stream) 
North Harper Creek (entire stream) 
Roaring Creek (entire stream) 
Rockhouse Creek (entire stream) 
South Harper Creek (entire stream) 
Wilson Creek (Catch and 
Release/Artificial Lures Only 
Regulations apply. See Subparagraph 
(a)(3) of this Rule.) 

(D) Buncombe County: 

Carter Creek (game land portion) 
(Catch and Release/ Artificial Lures 
only regulations apply. See 

Subparagraph (3) of Paragraph (a) of 
this Rule. 

(E) Burke County: 

All waters located on South Mountain 
State Park, except the main stream of 
Jacob Fork between the mouth of 
Shinny Creek and the lower park 
boundary where delayed harvest 
regulations apply. See Subparagraph 
(5) of Paragraph (a) of this Rule. 

(F) Caldwell County: 

Buffalo Creek (headwaters to lower 

Dahl property line) 

Joe Fork (Watauga County line to 

falls) 

Rockhouse Creek (entire stream) 

(G) Jackson County: 

Gage Creek (entire stream) 
Tanasee Creek (entire stream) 
Whitewater River (downstream from 
Silver Run Creek to South Carolina 
State line) 

Wolf Creek (entire stream, except 
Balsam Lake and Wolf Creek Lake) 
(H) Mitchell County: 

Green Creek (headwaters to Green 
Creek Bridge, except where posted 
against trespass) 

Little Rock Creek (headwaters to 
Green Creek Bridge, except where 



1442 



NORTH CAROLINA REGISTER 



December 15, 1994 



9:18 



PROPOSED RULES 



posted against trespass) 
Wiles Creek (game land boundary to 
mouth) 
(I) Transylvania County: 

South — Fefk — Mills — River — (entir e 
s tream) 

Whitewater River (downstream from 
Silver Run Creek to South Carolina 
State line) 
(J) Watauga County: 

Watauga River (Avery County line to 
SR 1559) 

Boone Fork (Blue Ridge Parkway 
boundary line to Watauga River) 
[Catch and Release Fly Fishing Only 
regulations apply. See Subparagraph 
(4) of Paragraph (a) of this Rule.] 
Howards Creek (headwaters to 
lower falls) 

Dutch Creek (headwaters to 
second bridge on SR 11 34) 
(K) Wilkes County: 

Big Sandy Creek (portion on Stone 
Mountain State Park) 
Garden Creek (portion on Stone 
Mountain State Park) 
Harris Creek and tributaries [portions 
on Stone Mountain State Park) [Catch 
and Release ArtificialLures Only 
regulations apply. See Subparagraph 
(4) of Paragraph (a) of this Rule.] 
Widow Creek (portion on Stone 
Mountain State Park) 
(L) Yancey County: 

Lickskillet Creek (entire stream) 
Middle Creek (game land boundary to 
mouth) 

Rock Creek (game land boundary to 
mouth) 

South Toe River (game land boundary 
downstream to Clear Creek) 
(3) Catch and Release/ Artificial Lures Only 
Trout Waters. Those portions of 
designated wild trout waters as listed in 
this Subparagraph, including tributaries 
except as noted, are further classified as 
Catch and Release/ Artificial Lures Only 
waters. Only artificial lures having one 
single hook may be used. No fish may 
be harvested or be in possession while 
fishing these streams: 
(A) Ashe County: 

Big Horse Creek (Virginia State line 
to SR 1361 bridge excluding tributaries) 
Three Top Creek (portion located on 



Elk Ridge Three Top Mountain Game 
Land Lands) 

(B) Avery County: 

Wilson Creek (game land portion) 

(C) Buncombe County: 

Carter Creek (game land portion) 

(D) Jackson County: 
Flat Creek 

Tuckasegee River (upstream of Clarke 
property) 

(E) McDowell County: 

Newberry Creek (game land portion) 

(F) Wilkes County: 

Harris Creek (portion on Stone Moun- 
tain State Park) 

(G) Yancey County: 
Lower Creek 
Upper Creek 

(4) Catch and Release/ Artificial Flies Only 
Trout Waters. Those portions of desig- 
nated wild trout waters as listed in this 
Subparagraph, including tributaries 
except as noted, are further classified as 
Catch and Release/Fly Fishing Only 
waters. Only artificial flies having one 
single hook may be used. No fish may 
be harvested or be in possession while 
fishing these streams: 

(A) Avery County: 

Lost Cove Creek (game land portion, 
excluding Gragg Prong and 
Rockhouse Creek) 

(B) Transylvania County: 

Davidson River (headwaters to Avery 
Creek, excluding Avery Creek, 
Looking Glass Creek and Grogan 
Creek) 

(C) Watauga County: 

Boone Fork (portion between Blue 
Ridge Parkway boundary and the 
Watauga River) 

(D) Yancey County: 

South Toe River (portion from the 
concrete bridge above Black Mountain 
Campgroup downstream to game land 
boundary, excluding Camp Creek and 
Neals Creek) 

(5) Delayed Harvest Trout Waters. Those 
portions of designated Hatchery 
Supported Trout Waters as listed in this 
Subparagraph, excluding tributaries 
except as noted, are further classified as 
Delayed Harvest Waters. Between 1 
March and one-half hour after sunset on 
the Friday before the first Saturday in 



NORTH CAROLINA REGISTER 



December 15, 1994 



1443 



PROPOSED RULES 



June, inclusive, it is unlawful to possess 
natural bait and only artificial lures 
with one single hook may be used. No 
fish may be harvested or be in posses- 
sion while fishing these streams during 
this time. These waters are closed to 
fishing between one-half hour after 
sunset on the Friday before the first 
Saturday in June and 6:00 a.m. on the 
first Saturday in June. At 6:00 a.m. on 
the first Saturday in June these streams 
open for fishing under Hatchery Sup- 
ported Waters regulations: 

(A) Ashe County: 
Trout Lake 

(B) Burke County: 

Jacob Fork (Shinny Creek to lower 
South Mountains State Park boundary) 

(C) Haywood County: 

Richland Creek (Russ Avenue bridge 
to US 19A-23 bridge) 

(D) Henderson County: 

North Fork Mills River (game land 
portion below the Hendersonville 
watershed dam) 

(E) Jackson County: 

Tuckasegee River (NC 107 bridge at 
Love Field Downstream to NC 1 1 6 
bridge at Webster) 

(F) Macon County: 

Nantahala River (portion from 
Whiteoak Creek to the Nantahala 
Power and Light power house 
discharge canal) 

(G) Surry County: 

Ararat River (SR 1727 downstream to 
Business US 52 bridge) 
(H) Watauga County: 

Watauga River (SR 1559 bridge at 
Foscoe downstream to NC 105 
bridge) 
(I) Wilkes County: 

East Prong Roaring River (from 
Bullhead Creek downstream to the 
Stone Mountain State Park lower 
boundary) 

Stone Mountain Creek (from falls at 

Allegheny County line to confluence 

with East Prong Roaring River and 

Bullhead Creek in Stone Mountain 

State Park) 

(6) Wild Trout/Natural Bait Waters. Those 

portions of designated Wild Trout 

Waters as listed in this Subparagraph, 

including tributaries except as noted, 



(A) 



(B) 



(C) 



(D) 



(E) 



are further classified as Wild 
Trout/Natural Bait Waters. All artifi- 
cial lures and natural baits, except live 
fish, are allowed provided they are 
fished using only one single hook. The 
creel limit, size limit, and open season 
are the same as other Wild Trout Wa- 
ters [see 15A NCAC 10C .0305(a)]. 

Cherokee County: 

Tellico River (Fain Ford to Tennessee 

state line excluding tributaries) 

Clay County: 

Buck Creek (game land portion down- 
stream of US 64 bridge) 

Graham County: 

Deep Creek 

Long Creek (game land portion) 

Jackson County: 

Chattooga River (SR 1 100 bridge to 

South Carolina state line) 

(lower) Fowler Creek (game land 

portion) 

Scotsman Creek (game land portion) 

Macon County: 

Chattooga River {SR 1100 bridge to 

South Carolina state line) 

Jarrett Creek (game land portion) 

Kimsey Creek 

Overflow Creek (game land portion) 

Park Creek 

Tellico Creek (game land portion) 

Turtle Pond Creek (game land por- 
tion) 

Transylvania County: 

North Fork French Broad River 

(game land portions downstream of 

SR 1392) 
(b) Fishing in Trout Waters 
(1) Hatchery Supported Trout Waters. It is 
unlawful to take fish of any kind by any 
manner whatsoever from designated 
public mountain trout waters during the 
closed seasons for trout fishing. The 
seasons, size limits, creel limits and 
possession limits apply in all waters, 
whether designated or not, as public 
mountain trout waters. Except in pow- 
er reservoirs and city water supply 
reservoirs so designated, it is unlawful 
to fish in designated public mountain 
trout waters with more than one line. 
Night fishing is not allowed in most 
hatchery supported trout waters on 
game lands [see 15A NCAC 10D 
.0004(b)(1)]. 



(F) 



1444 



NORTH CAROLINA REGISTER 



December 15, 1994 



9:18 





PROPOSED RULES 




(2) 


Wild Trout Waters. Except as other- 


(D) 


Manner of Taking. Only artificial 




wise provided in Subparagraphs (3), 




lures having only one single hook 




(4), and (6) of Paragraph (a) of this 




may be used. No person shall possess 




Rule, the following rules apply to fish- 




natural bait while fishing wild trout 




ing in wild trout waters. 




waters except those waters listed in 


(A) 


Open Season. There is a year round 




15A NCAC IOC .0205(a)(6). 




open season for the licensed taking of 


(E) 


Night Fishing. Fishing on wild trout 




trout. 




waters is not allowed between 


(B) 


Creel Limit. The daily creel limit is 




one-half hour after sunset and 




four trout. 




one-half hour before sunrise. 


(C) 


Size Limit. The minimum size limit 








is seven inches. 


Statutory 
113-292. 


Authority G.S. 113-134; 113-272; 




SECTION .0300 - 


GAME FISH 



.0305 OPEN SEASONS: CREEL AND SIZE LIMITS 

(a) Generally. Subject to the exceptions listed in Paragraph (b) of this Rule, the open seasons and creel and 
size limits are as indicated in the following table: 



GAME FISHES 


DAILY CREEL 
LIMITS 


MINIMUM 
SIZE LIMITS 


OPEN SEASON 


Mountain Trout: 
Wild Trout 
Waters 


4 


7 in. 
(exc. 14) 


ALL YEAR 

(exc. 2) 


Hatchery Sup- 
ported Trout 
Waters and 
undesignated 
waters 


7 


None 


All year, except 
March 1 to 6:00 a.m. 
on first Saturday 
in April 

(exes. 2 &-4) 


Muskellunge and 
Tiger Musky 


2 


30 in. 


ALL YEAR 


Chain Pickerel 
(Jack) 


None 


None 


ALL YEAR 


Walleye 


8 
(exes. 9 & 10) 


None 
(exc. 9) 


ALL YEAR 


Sauger 


8 


15 in. 


ALL YEAR 


Black Bass: 
Largemouth 


5 
(exc. 10) 


14 in. 

(exes. 4, 8 & 11) 


ALL YEAR 


Smallmouth 
and Spotted 


5 

(exc. 10) 


12 in. 
(exes. 4, 8 & 11) 


ALL YEAR 


White Bass 


25 


None 


ALL YEAR 


Sea Trout (Spotted 
or Speckled) 


None W 


12 in. 


ALL YEAR 



9:18 



NORTH CAROLINA REGISTER 



December 15, 1994 



1445 



PROPOSED RULES 



Flounder 


None 


13 in. 




ALL YEAR 


Red drum (channel 


5 


18 in. 




ALL YEAR 


bass, red fish, 










puppy drum) 










Striped Bass 


8 aggregate 


16 in. 




ALL YEAR 


and their hybrids 


(exes. 1 & 6) 


(exes. 1, 6 & 


12) 


(exes. 6, 15, & 17) 


(Morone Hybrids) 










Kokanee Salmon 


7 


None 




ALL YEAR 


Panfishes 


None 


None 




ALL YEAR 




(exes. 5, 13, & 18) 


(exc. 13) 




(exc. 5) 


NONGAME FISHES 


None 


None 




ALL YEAR 




(exc. 16) 


(exc. 16) 




(exc. 7) 



(b) Exceptions 

(1) In the Dan River upstream from its confluence with Bannister River to the Brantly Steam Plant 
Dam, and in John H. Kerr, Gaston, and Roanoke Rapids Reservoirs, and Lake Norman, the creel 
limit on striped bass and Morone hybrids is four in the aggregate and the minimum size limit is 
20 inches. 

(2) In designated public mountain trout waters the season for taking all species of fish is the same as 
the trout fishing season. There is no closed season on taking trout from Nantahala River and all 
tributaries (excluding impoundments) upstream from Nantahala Lake, and the impounded waters 
of power reservoirs and municipally-owned water supply reservoirs open to the public for fishing. 

{£) Under an agreement with Tennessee, the minimum size limit on trout in Caldcrwood Reservoir i s 



seven inches. 

(3) {4)Bass taken from Calderwood Reservoir may be retained without restriction as to size limit. 

(4) {5-)On Mattamuskeet Lake, special federal regulations apply. 

(5) {6)In the inland fishing waters of Cape Fear, Neuse, Pee-Dee, Pungo and Tar-Pamlico rivers and 
their tributaries and the Roanoke River and its tributaries, including the Cashie, Middle, and 
Eastmost rivers, extending upstream to the first impoundment, the daily creel limit for striped bass 
and their hybrids is three fish and the minimum length limit is 18 inches. In the Roanoke River 
and its tributaries, including the Cashie, Middle, and Eastmost rivers-from April 1 to May 31 no 
fish between the lengths of 22 inches and 27 inches may be retained. 

(6) (7)See 15A NCAC IOC .0407 for open seasons for taking nongame fishes by special devices. 

(7) (8)The maximum combined number of black bass of all species that may be retained per day is five 
fish, no more than two of which may be smaller than the applicable minimum size limit. The 
minimum size limit for all species of black bass is 14 inches, with no exception in Lake Luke 
Marion in Moore County, in Reedy Creek Park lakes in Mecklenburg County, in Lake Mackintosh 
in Alamance and Guilford counties, in Lake Rim in Cumberland County, in Currituck Sound and 
tributaries north of Wright Memorial Bridge, in North River and tributaries in Currituck and 
Camden Counties north of a line between Camden Point and the end of SR 1124, in High Rock 
Lake downstream of 1-85, in Badin Lake, in Falls Lake, in Lake Tillery, and in Blewett Falls Lake. 
In and west of Madison, Buncombe, Henderson and Polk Counties and in designated public 
mountain trout waters the minimum size limit is 12 inches. In B. Everett Jordan Reservoir and 
Kernersville Lake a minimum size limit of 16 inches, with no exception, applies to largemouth 
bass. In Falls of Neuse Reservoir, east of SR 1004, and Sutton Lake and Tuckertown Lake no 
black bass between the lengths of 12 inches and 16 inches may be retained, and the minimum size 
limit for black bass is 16 inches, except that the daily creel may contain two black bass of less than 
12 inches in length. In W. Kerr Scott Reservoir there is no minimum size limit for spotted bass. 

(8) f9)A minimum size limit of 15 inches applies to walleye taken from Lake James and its tributaries, 
and the daily creel limit for walleye is four fish in Linville River upstream from the NC 126 bridge 



1446 



NORTH CAROLINA REGISTER 



December 15, 1994 



9:18 



PROPOSED RULES 



above Lake James. 

(9) £W)The creel limit for black bass and walleye taken from Calderwood Reservoir is 10. 

(10) {44}The minimum size limit for all black bass, with no exception, is 18 inches in the following 
trophy bass lakes: 

(A) Cane Creek Lake in Union County; and 

(B) Lake Thom-A-Lex in Davidson County. 

(11) {+2-)In all impounded inland waters and their tributaries, except those waters described in 
Exceptions (1), the daily creel limit of striped bass and their hybrids may include not more than 
two fish of smaller size than the minimum size limit. 

(12) {4-3)In Lake Tillery, Falls Lake, High Rock Lake, Badin Lake, lAickertown Lake, Lake Hyco, and 
Cane Creek Lake a daily creel limit of 20 fish and a minimum size limit of 8 inches apply to 
crappie. 

(M) In Slick Rock Creek the minimum s ize is 7 inches for brook trout and 10 inches for brown and 

rainbow trout. 

(13) {+§)In designated inland fishing waters of Roanoke Sound, Croatan Sound, Albemarle Sound, 
Chowan River, Currituck Sound, Alligator River, Scuppernong River, and their tributaries 
(excluding the Roanoke River and Cashie River and their tributaries), striped bass fishing season, 
size limits and creel limits shall be the same as those established by duly adopted rules or 
proclamations of the Marine Fisheries Commission in adjacent joint or coastal fishing waters. 

(14) {+6)The daily creel and length limits for channel, white, and blue catfish in designated urban lakes 
are provided for in 15A NCAC IOC .0401(d). 

(15) {W)The Executive Director may, by proclamation, suspend or extend the hook-and-line season for 
striped bass in the inland and joint waters of coastal rivers and their tributaries. It is unlawful to 
violate the provisions of any proclamation issued under this authority. 

(16) {4-8-)In the entire Lumber River from the Camp Mac Kail bridge (SR 1225 at the point where 
Richmond, Moore, Scotland and Hoke Counties join) to the South Carolina state line and in all 
public fishing waters east of 1-95, except Tar River Reservoir in Nash County, and in all of the 
Lumber River the daily creel limit for all sunfish, except black bass and crappie, the daily bag limit 
for sunfish is 30 in aggregate, no more than 12 of which may be redbreast sunfish. 



Statutory Authority G.S. 113-134; 113-292; 113-304; 113-305. 
SECTION .0400 - NONGAME FISH 

.0404 SPECIAL DEVICE FISHING 

(a) Bow and Arrow. The use of bow [as de- 
fined in 15A NCAC 10B .01 16(a)] and arrow as a 
licensed special device is authorized for taking 
nongame fishes at any time from all inland fishing 
waters other than impounded waters located on the 
Sandhills Game Land and designated public moun- 
tain trout waters. Unless specifically prohibited, 
bow and arrow may be used in joint fishing wa- 
ters. It is unlawful to take fish with crossbow and 
arrow in any inland fishing waters. 

(b) Nets. Manually operated nets, including 
seines and bow, cast, dip, gill, drift and fyke nets 
may be used under the special device fishing 
license. 

(1) No fixed gill net or other stationary net 
which may be authorized as a special 
fishing device may be more than 100 
yards in length, nor shall any such net 
be placed within 50 yards of any other 
fixed net. Fixed nets must be set so that (2) 



they run parallel to the nearest shore- 
line, except in the Neuse, Trent, North- 
east Cape Fear, Cape Fear, and Black 
Rivers and their tributaries. No an- 
chored or fixed gill net or drift net shall 
be used unless such net is marked for 
the protection of boat operators. A net 
shall be deemed so marked when there 
is attached to it at each end two sepa- 
rate yellow buoys which shall be of 
solid foam or other solid buoyant mate- 
rial no less than five inches in its small- 
est dimensions. The owner shall al- 
ways be identified on a buoy on each 
end either by using engraved buoys or 
by attaching engraved metal or plastic 
tags to the buoys. Such identification 
shall include one of the following: 
owner's N.C. motor boat registration 
number, or owner's U.S. vessel docu- 
mentation name, or owner's last name 
and initials. 
It is unlawful to attach gill nets to any 



9:18 



NORTH CAROLINA REGISTER 



December 15, 1994 



1447 



PROPOSED RULES 



wire, rope, or similar device extended 
across any navigable watercourse. 
(3) All fixed or drift gill nets must be 
attended when fished in the designated 
inland waters of Bertie. Camden, 
Chowan, Currituck, Dare, Gates, 
Hertford, Martin, Pasquotank, 
Perquimans, Tyrrell and Washington 
counties. Attended as used in this 
Rule, requires that fishermen be within 
1000 yards of all sets of nets at all 
times. 

(c) Traps. Baskets and traps, including 
automobile tires, may be used under the special 
device fishing license. Such devices when set and 
left unattended shall be affixed with a card or tag 
furnished by the license holder and upon which his 
name and address shall be legibly and indelibly 
inscribed. No fish trap may exceed 60 inches in 
length or 30 inches in depth or width. No lead 
nets, wing nets, or other device designed to guide 
or herd fish may be attached to the trap or used or 
set within 25 feet of the trap. 

(d) Spears. Manually operated gigs or 
under-water spear or harpoon guns may be used 
under the special fishing device license in the 
inland waters having a season for their use 
specified in Rule .0407 of this Section. 

(e) Crab pots. Persons owning property 
adjacent to the inland fishing waters of coastal 
rivers and their tributaries are permitted to set two 
crab pots to be attached to their property and not 
subject to special device license requirements. 



Statutory Authority 
113-276; 113-292. 



.0407 



G.S. 113-134: 113-272.2; 



PERMITTED SPECIAL DEVICES 
AND OPEN SEASONS 

Except in designated public mountain trout 
waters, and in impounded waters located on the 
Sandhills Game Land, there is a year-round open 
season for the licensed taking of nongame fishes 
by bow and arrow. Seasons and waters in which 
the use of other special devices is authorized are 
indicated by counties below: 

(1) Alamance: 

(a) July 1 to August 31 with seines in 
Alamance Creek below NC 49 bridge 
and Haw River; 

(b) July 1 to June 30 with gigs in all public 
waters; 

(2) Alexander: July 1 to June 30 with traps 
and gigs in all public waters; and with 
spear guns in Lake Hickory and Lookout 



(3) 



(4) 
(a) 

(b) 



(c) 



(5) 



(6) 
(a) 



(b) 



(7) 

(a) 

(b) 



(8) 
(a) 



(b) 
(c) 

(9) 



Shoals Reservoir; 

Alleghany: July 1 to June 30 with gigs 

in New River, except designated public 

mountain trout waters; 

Anson: 
July 1 to June 30 with traps and gigs in 
all public waters; 

December 1 to June 5 with dip and bow 
nets in Pee Dee River below Blewett 
Falls Dam, and with gill nets in Pee 
Dee River below the lower end of Goat 
Island; 

July 1 to August 31 with seines in all 
running public waters, except Pee Dee 
River from Blewett Falls downstream to 
the Seaboard Coast Line Railroad 
trestle; 

Ashe: July 1 to June 30 with gigs in 

New River (both forks), except 

designated public mountain trout waters; 

Beaufort: 
July 1 to June 30 with traps in the 
Pungo River, and in the Tar and 
Pamlico Rivers above Norfolk and 
Southern Railroad bridge; and with gigs 
in all inland public waters; 
December 1 to June 5 with dip and bow 
nets in all inland public waters; with 
drift gill nets in Tar River upstream 
from the Norfolk and Southern Railroad 
bridge at Washington to the Pitt County 
line; and with gill nets in all other 
inland public waters, except Blounts 
Creek, Chocowinity Bay, Durham 
Creek, Mixon Creek and Nevil Creek 
and their tributaries. 

Bertie: 
July 1 to June 30 with traps in the 
Broad Creek (tributary of Roanoke); 
December 1 to June 5 with dip and bow 
nets in all inland public waters, 
excluding public lakes, ponds, and 
other impounded waters; and with 
attended gill nets in all inland public 
waters; 

Bladen: 
December 1 to March 1 with gill nets 
in all inland public waters, except 
Jones, Salters, White, Singletary and 
Baytree (Black) Lakes; 
December 1 to May 1 with gill nets in 
Black River; 

December 1 to June 5 with dip and bow 
nets in Black River; 

Brunswick: 



1448 



NORTH CAROLINA REGISTER 



December 15, 1994 



9:18 



PROPOSED RULES 



(a) 
(b) 



(10) 



(ID 
(a) 



(b) 

(12) 
(a) 

(b) 

(13) 



(14) 
(a) 

(b) 



(15) 



(16) 
(a) 

(b) 



(c) 

(17) 
(a) 



(b) 



December 1 to March 1 with gill nets 

in all inland public waters, except (18) 

Waccamaw River and its tributaries; (a) 

December 1 to May 1 with dip, bow, 

and gill nets in Alligator Creek, Hoods 

Creek, Indian Creek, Orton Creek 

below Orton Pond, Rices Creek, (b) 

Sturgeon Creek and Town Creek; 
Buncombe: July 1 to June 30 with gigs (c) 

in all public waters, except designated 
public mountain trout waters; 
Burke: (19) 

July 1 to August 31 with seines in all 

running public waters, except Johns 

River and designated public mountain (20) 

trout waters; (a) 

July 1 to June 30 with traps, gigs, and 

spear guns in all public waters, except 

designated public mountain trout waters 

and Lake James; 
Cabarrus: 

July 1 to August 31 with seines in all 

running public waters, 

July 1 to June 30 with traps and gigs in 

all public waters; 
Caldwell: July 1 to June 30 with traps, 
gigs, and spear guns in all public waters, 
except designated public mountain trout 
waters; 
Camden: 

July 1 to June 30 with traps in all 

inland public waters; 

December 1 to June 5 with dip and bow 

nets in all inland public waters, 

excluding public lakes, ponds, and 

other impounded waters; and with 

attended gill nets in all inland public 

waters; 
Carteret: December 1 to June 5 with 
dip, bow, and gill nets in all inland 
public waters except South River and the 
tributaries of the White Oak River; 
Caswell: 

July 1 to June 30 with gigs in all public 

waters; 

July 1 to August 31 with seines in all 

running public waters, except Moons 

Creek; 

July 1 to June 30 with traps in Hyco 

Reservoir; 
Catawba: 

July 1 to August 31 with seines in all 

running public waters, except Catawba 

River below Lookout Dam; 

July 1 to June 30 with traps, spear (25) 



(b) 



(21) 



(22) 
(a) 

(b) 

(23) 
(a) 



(b) 



(c) 

(24) 
(a) 

(b) 



guns, and gigs in all public waters; 

Chatham: 
December 1 to April 15 with dip and 
gill nets in the Cape Fear River, Deep 
River, Haw River and Rocky River 
(local law); 

July 1 to August 31 with seines in the 
Cape Fear River, and Haw River; 
July 1 to June 30 with traps in Deep 
River; and with gigs in all public 
waters; 

Cherokee: July 1 to June 30 with gigs in 

all public waters, except designated 

public mountain trout waters; 

Chowan: 
December 1 to June 5 with dip and bow 
nets in all inland public waters, 
excluding public lakes, ponds, and 
other impounded waters; and with 
attended gill nets in all inland public 
waters, except Bennetts Mill Pond and 
Dillard Pond; 

July 1 to June 30 with traps in all 
inland public waters, excluding public 
lakes, ponds, and other impounded 
waters; 

Clay: July 1 to June 30 with gigs in all 

public waters, except designated public 

mountain trout waters; 

Cleveland: 
July 1 to August 31 with seines in all 
running public waters; 
July 1 to June 30 with gigs, traps and 
spear guns in all public waters; 

Columbus: 
December 1 to March 1 with gill nets 
in all inland public waters, except Lake 
Waccamaw and its tributaries and 
Waccamaw River and its tributaries; 
December 1 to March 1 with gigs in all 
inland public waters, except Lake 
Waccamaw and its tributaries; 
December 1 to June 5 with dip, bow, 
and gill nets in Livingston Creek; 

Craven: 
July 1 to June 30 with traps in the main 
run of the Trent and Neuse Rivers; 
December 1 to June 5 with dip, bow, 
and gill nets in all inland public waters, 
except Pitch Kettle, Grindle, Slocum, 
Spring and Hancock Creeks and their 
tributaries; with dip and bow nets in 
Slocum Creek above the US 70 bridge; 
and with seines in the Neuse River; 

Cumberland: December 1 to March 1 



9:18 



NORTH CAROLINA REGISTER 



December 15, 1994 



1449 



PROPOSED RULES 



(27) 
(a) 



(hi 



with gill nets in all inland public waters; 
(26) Currituck: 

(a) July 1 to June 30 with traps in Tulls 
Creek and Northwest River; 

(b) December 1 to June 5 with dip and bow 
nets in all inland public waters, 
excluding public lakes, ponds, and 
other impounded waters; and with 
attended gill nets in Northwest River 
and Tulls Creek; 

Dare: 
July 1 to June 30 with traps in Mashoes 
Creek, Milltail Creek, East Lake and 
South Lake; 

December 1 to June 5 with dip and bow 
nets in all inland public waters, 
excluding public lakes, ponds, and 
other impounded waters; and with 
attended gill nets in Martin Point 
Creek; 

(28) Davidson: 

(a) July 1 to August 31 with seines in all 
running public waters, 

(b) July 1 to June 30 with gigs in all public 
waters, and with traps in all public 
waters except Leonard's Creek, 
Abbott's Creek below Lake 
Thom-A-Lex dam, and the Abbott's 
Creek arm of High Rock Lake 
upstream from the NC 8 bridge; 

(29) Davie: 

(a) July 1 to June 30 with traps and gigs in 
all public waters; 

(b) July 1 to August 31 for taking only 
carp and suckers with seines in 
Dutchmans Creek from US 601 to 
Yadkin River and in Hunting Creek 
from SR 1338 to South Yadkin River; 

(30) Duplin: 

(a) December 1 to March 1 with gill nets 
in Baysden Pond and in the Northeast 
Cape Fear River, including old 
channels from a point one mile above 
SR 1700 (Serecta) Bridge downstream 
to the county line; 

(b) December 1 to June 5 with dip, bow, 
and gill nets and seines in the main run 
of the Northeast Cape Fear River 
downstream from a point one mile 
above Serecta Bridge; 

(31) Durham: 

(a) July 1 to August 31 with seines in 
Neuse River, 

(b) July 1 to June 30 with gigs in all public 
waters; 



(32) Edgecombe: 

(a) December 1 to March 15 with gill nets 
in Noble Mill Pond and Wiggins Lake; 

(b) December 1 to June 5 with dip and bow 
nets in all public waters; and with drift 
gill nets in Tar River below the bridge 
at Old Sparta to the Pitt County line; 

(33) Forsyth: July 1 to June 30 with traps 
and gigs in all public waters, except traps 
may not be used in Belews Creek 
Reservoir; 

(34) Franklin: 

(a) December 1 to March 1 with gill nets 
in Clifton Pond, Parrish Pond, Jackson 
Pond and Lake Royal e; 

(D) July 1 to August 31 with seines in Tar 
River; 

(c) July 1 to June 30 with gigs in all public 
waters, except Parrish, Laurel Mill, 
Jackson, Clifton, Moore's and Perry's 
Ponds, and in the Franklinton City 
ponds; 

(35) Gaston: 

(a) July 1 to August 31 with seines in all 
running public waters; 

(b) July 1 to June 30 with gigs, traps and 
spear guns in all public waters; 

(36) Gates: December 1 to June 5 with dip 

and bow nets in all inland public waters, 
excluding public lakes, ponds, and other 
impounded waters; and with attended gill 
nets in all inland public waters, except 
Williams (Merchants Mill) Pond; 

(37) Graham: July 1 to June 30 with gigs in 
all public waters, except designated 
public mountain trout waters; 

(38) Granville: 

(a) July 1 to June 30 with gigs in all public 
waters, except Kerr Reservoir; 

(b) July 1 to August 31 with seines in the 
Neuse River and the Tar River below 
US 158 bridge; 

(c) July 1 to June 30 with dip and cast nets 
in Kerr Reservoir; 

(d) July 1 to June 30 with cast nets in all 
public waters; 

(39) Greene: December 1 to June 5 with dip, 
bow, and gill nets and reels in 
Contentnea Creek; 

(40) Guilford: 

(a) July 1 to August 31 with seines in Haw 
River, Deep River below Jamestown 
Dam, and Reedy Fork Creek below US 
29 bridge; 

(b) July 1 to June 30 with gigs in all public 



1450 



NORTH CAROLINA REGISTER 



December 15, 1994 



9:18 





PROPOSED RULES 






waters; 




all public waters, except designated 


(41) 


Halifax: 




public mountain trout waters; 


(a) 


December 1 to March 1 with gill nets 


(50) 


Johnston: 




in White's Mill Pond; 


(a) 


December 1 to March 1 with gill nets 


(b) 


December 1 to June 5 with dip and bow 




in Cattails Lake, Holts Lake, Holts 




nets in Beech Swamp, Clarks Canal, 




Pond, and Wendell Lake; 




Conoconnara Swamp, Fishing Creek 


(b) 


December 1 to June 5 with dip and bow 




below the Fishing Creek Mill Dam, 




nets in Black Creek, Little River, 




Kehukee Swamp, Looking Glass Gut, 




Middle Creek, Mill Creek, Neuse 




Quankey Creek, and White's Mill Pond 




River, and Swift Creek; 




Run; 


(51) 


Jones: 


(c) 


July 1 to June 30 with dip and cast nets 


(a) 


July 1 to June 30 with traps in the 




in Gaston Reservoir and Roanoke 




Trent River below US 17 bridge and 




Rapids Reservoir; 




White Oak River below US 17 bridge; 


(42) 


Harnett: 


(b) 


December 1 to June 5 with dip, bow, 


(a) 


December 1 to March 1 with gill nets 




and gill nets in all inland public waters, 




in all inland public waters; 




except the White Oak River and its 


(b) 


January 1 to May 31 with gigs in Cape 




tributaries; 




Fear River and tributaries; 


(c) 


December 1 to June 5 with dip and bow 


(c) 


December 1 to June 5 with dip and bow 




nets in the main run of the White Oak 




nets in Cape Fear River; 




River; 


(43) 


Haywood: July 1 to June 30 with gigs in 


(d) 


March 1 to April 30 with gill nets in 




all public waters, except Lake Junaluska 




the main run of the White Oak River; 




and designated public mountain trout 


(52) 


Lee: 




waters; 


(a) 


December 1 to April 15 with dip and 


(44) 


Henderson: July 1 to June 30 with gigs 




gill nets (local law) in Cape Fear River 




in all public waters, except designated 




and Deep River; and with gill nets in 




public mountain trout waters; 




Morris Pond; 


(45) 


Hertford: 


(b) 


July 1 to August 31 with seines in Cape 


(a) 


July 1 to June 30 with traps in 




Fear River; 




Wiccacon Creek; 


(c) 


July 1 to June 30 with traps in Deep 


(b) 


December 1 to June 5 with dip and bow 




River, and with gigs in all public 




nets in all inland public waters, 




waters; 




excluding public lakes, ponds, and 


(53) 


Lenoir: 




other impounded waters; and with 


(a) 


July 1 to June 30 with traps in Neuse 




attended gill nets in all inland public 




River below US 70 bridge at Kinston; 




waters, except mill ponds; 


(b) 


December 1 to June 5 with dip, bow. 


(46) 


Hoke: December 1 to March 1 with gill 




and gill nets in Neuse River and 




nets in all inland public waters; 




Contentnea Creek upstream from NC 


(47) 


Hyde: 




118 bridge at Grifton; and with seines 


(a) 


July 1 to June 30 with traps in all 




in Neuse River; 




inland waters; 


(54) 


Lincoln: 


(b) 


December 1 to June 5 with dip and bow 


(a) 


July 1 to August 31 with seines in all 




nets in all inland public waters, 




running public waters; 




excluding public lakes, ponds, and 


(b) 


July 1 to June 30 with traps, gigs and 




other impounded waters; and with gill 




spear guns in all public waters; 




nets in Pungo River and tributaries 


(55) 


McDowell : 




upstream from US 264 bridge, Scranton 


(a) 


July 1 to August 31 with seines in all 




Creek, and Long Shoal River and 




running public waters, except 




tributaries; 




designated public mountain trout 


(48) 


Iredell: July 1 to June 30 with traps and 




waters; 




gigs in all public waters; and with spear 


(b) 


July 1 to June 30 with traps, gigs, and 




guns in Lookout Shoals Reservoir and 




spear guns in all public waters, except 




Lake Norman; 




designated public mountain trout waters 


(49) 


Jackson: July 1 to June 30 with gigs in 




and Lake James; 


9:18 


NORTH CAROLINA REGISTER 




December 15, 1994 1451 





PROPOSED RULES 




(56) 


Macon: July 1 to June 30 with gigs in 


(b) 


December 1 to June 5 with dip and bow 




all public waters, except designated 




nets in Occoneechee Creek, Old River 




public mountain trout waters; 




Landing Gut; and with dip, bow and 


(57) 


Madison: July 1 to June 30 with gigs in 




gill nets in Vaughans Creek below 




all public waters, except designated 




Watsons Mill; 




public mountain trout waters; 


(c) 


July 1 to June 30 with dip and cast nets 


(58) 


Martin: December 1 to June 5 with dip 




in Gaston Reservoir and Roanoke 




and bow nets in all inland public waters, 




Rapids Reservoir; 




excluding public lakes, ponds, and other 


(65) 


Onslow: 




impounded waters; and with attended gill 


(a) 


July 1 to June 30 with traps in White 




nets in all inland public waters; 




Oak River below US 17 bridge; 


(59) 


Mecklenburg: 


(b) 


August 1 to March 31 with eel pots in 


(a) 


July 1 to August 31 with seines in all 




the main run of New River between US 




running public waters; 




17 bridge and the mouth of Hawkins 


(b) 


July 1 to June 30 with traps, gigs and 




Creek; 




spear guns in all public waters except 


(C) 


December 1 to March 1 with gill nets 




Freedom Park Pond and Hornet's Nest 




in Catherine Lake and Baysden Pond; 




Ponds; 


(d) 


December 1 to June 5 with dip, bow, 


(60) 


Montgomery: 




and gill nets in the main run of New 


(a) 


July 1 to August 31 with seines in all 




River; and with dip and bow nets in the 




running public waters, except that part 




main run of the White Oak River; 




of the Pee Dee River between the Lake 


(e) 


March 1 to April 30 with gill nets in 




Tillery dam at Hydro and the mouth of 




the main run of the White Oak River; 




Rocky River; 




and with dip, bow and gill nets in 


(b) 


July 1 to June 30 with traps and gigs in 




Grant's Creek; 




all public waters; 


(66) 


Orange: 


(61) 


Moore: 


(a) 


July 1 to August 31 with seines in Haw 


(a) 


December 1 to April 15 with gill nets 




River, 




in Deep River and all tributaries; 


(b) 


July 1 to June 30 with gigs in all public 


(b) 


July 1 to August 31 with seines in all 




waters; 




running public waters except in Deep 


(67) 


Pamlico: December 1 to June 5 with 




River; 




dip, bow and gill nets in all inland public 


(O 


July 1 to June 30 with gigs in all public 




waters; 




waters, except lakes located on the 


(68) 


Pasquotank: 




Sandhills Game Land; and with traps in 


(a) 


July 1 to June 30 with traps in all 




Deep River and its tributaries; 




inland waters; 


(62) 


Nash: 


(b) 


December 1 to June 5 with dip and bow 


(a) 


December 1 to March 1 with gill nets 




nets in all inland public waters, 




in Boddies Pond and Camp Charles 




excluding public lakes, ponds, and 




Lake; 




other impounded waters; and with 


(b) 


July 1 to June 30 with gigs in all public 




attended gill nets in all inland public 




waters, except Tar River; 




waters; 


(O 


December 1 to June 5 with dip and bow 


(69) 


Pender: 




nets in the Tar River below Harris' 


(a) 


December 1 to June 5 with dip, bow, 




Landing and Fishing Creek below the 




and gill nets in the Northeast Cape Fear 




Fishing Creek Mill Dam; 




River and Long Creek; with dip and 


(63) 


New Hanover: December 1 to June 5 




bow nets in Black River; and with 




with dip, bow, and gill nets in all inland 




seines in the main run of Northeast 




public waters, except Sutton (Catfish) 




Cape Fear River; 




Lake; 


(b) 


December 1 to May 1 with gill nets in 


(64) 


Northampton: 




Black River; and with dip, bow, and 


(a) 


July 1 to June 30 with gigs in all public 




gill nets in Moore's Creek 




waters, except Gaston and Roanoke 




approximately one mile upstream to 




Rapids Reservoirs and the Roanoke 




New Moon Fishing Camp; 




River above the US 301 bridge; 


(70) 


Perquimans: 


1452 


NORTH CAROLINA REGISTER 




December 15, 1994 9:18 



PROPOSED RULES 



(a) 
(b) 



(71) 
(a) 

(b) 

(72) 
(a) 



(b) 



(73) 



(74) 
(a) 

(b) 



(c) 

(75) 
(a) 



(b) 
(c) 



(76) 



(77) 
(a) 



July 1 to June 30 with traps in all 

inland waters; (b) 

December 1 to June 5 with dip and bow 

nets in all inland public waters, 

excluding public lakes, ponds, and (78) 

other impounded waters; and with (a) 

attended gill nets in all inland public 

waters; (b) 

Person: 

July 1 to August 3 1 with seines in Hyco (79) 

Creek and Mayo Creek; (a) 

July 1 to June 30 with gigs in all public 

waters. 
Pitt: 

July 1 to June 30 with traps in Neuse (b) 

River and in Tar River below the 

mouth of Hardee Creek east of 

Greenville; 

December 1 to June 5 with dip, bow (80) 

and drift gill nets and with seines in Tar (a) 

River; and with dip, bow and gill nets 

in all other inland public waters, except (b) 

Grindle Creek, and Contentnea Creek 

between NC 118 bridge at Grifton and 

the Neuse River; (c) 

Polk: July 1 to June 30 with gigs in all 
public waters, except designated public 
mountain trout waters; 
Randolph: (d) 

December 1 to March 1 with gill nets 

in Deep River and Uwharrie River; 

July 1 to August 31 with seines in Deep (81) 

River above the Coleridge Dam and 

Uwharrie River; 

July 1 to June 30 with gigs in all public 

waters; (82) 

Richmond: (a) 

July 1 to August 31 with seines in all 

running public waters, except Pee Dee 

River from Blewett Falls downstream to 

the Seaboard Coast Line Railroad 

trestle; (b) 

July 1 to June 30 with traps and gigs in 

all public waters, except lakes located (83) 

on the Sandhills Game Land; 

December 1 to June 5 with dip and bow 

nets in Pee Dee River below Blewett 

Falls Dam, and with gill nets in Pee 

Dee River below the mouth of (84) 

Cartledge Creek; 
Robeson: December 1 to March 1 with 
gill nets and gigs in all inland public 
waters; (85) 

Rockingham: 

July 1 to August 31 with seines in Dan 



River and Haw River; 
July 1 to June 30 with traps in Dan 
River; and with gigs in all public 
waters; 
Rowan: 
July 1 to August 31 with seines in all 
running public waters, 
July 1 to June 30 with traps and gigs in 
all public waters; 
Rutherford: 
July 1 to August 31 with seines in all 
running public waters, except 
designated public mountain trout 
waters; 

July 1 to June 30 with traps, gigs, and 
spear guns in all public waters, except 
designated public mountain trout 
waters; 
Sampson: 
December 1 to March 1 with gill nets 
in all inland public waters; 
December 1 to May 1 with gill nets in 
Big Coharie Creek, Black River, and 
Six Runs Creek; 

May 2 to June 5 with gill nets of no 
less than five and one-half inch stretch 
measure in Big Coharie Creek, Black 
River, and Six Runs Creek; 
December 1 to June 5 with dip and bow 
nets in Big Coharie Creek, Black River, 
and Six Runs Creek; 
Scotland: December 1 to March 1 with 
gill nets in all inland public waters, 
except lakes located on the Sandhills 
Game Land; 
Stanly: 
July 1 to August 31 with seines in all 
running public waters, except that part 
of the Pee Dee River between the Lake 
Tillery dam at Hydro and the mouth of 
Rocky River; 

July 1 to June 30 with traps and gigs in 
all public waters; 
Stokes: July 1 to June 30 with traps and 
gigs in all public waters, except 
designated public mountain trout waters, 
and traps may not be used in Belews 
Creek Reservoir; 

Surry: July 1 to June 30 with gigs in all 
public waters, except designated public 
mountain trout waters; and with traps in 
the main stem of Yadkin River; 
Swain: July 1 to June 30 with gigs in all 
public waters, except designated public 
mountain trout waters; 



9:18 



NORTH CAROLINA REGISTER 



December 15, 1994 



1453 



PROPOSED RULES 



(86) 



(87) 
(a) 



(b) 



(88) 
(a) 

(b) 

(89) 

(a) 

(b) 

(O 



(d) 

(e) 

(90) 

(a) 

(b, 



(91) 
(a) 



(b) 

(c) 

(d) 



Transylvania: July 1 to June 30 with 

gigs in all public waters, except 

designated public mountain trout waters; 

Tyrrell : 
July 1 to June 30 with traps in 
Scuppernong River, Alligator Creek, 
and the drainage canals of Lake Phelps 
except Bee Tree Canal within 50 yards 
of the Lake Phelps fish ladder; 
December 1 to June 5 with dip and bow 
nets in all inland public waters, 
excluding Lake Phelps, Bee Tree Canal 
within 50 yards of the Lake Phelps fish 
ladder, public lakes, ponds and other 
impounded waters; and with attended 
gill nets in Alligator Creek; 

Union: 
July 1 to August 31 with seines in all 
running public waters, 
July 1 to June 30 with traps and gigs in 
all public waters; 

Vance: 
December 1 to March 1 with gill nets 
in Southerlands Pond and Ellis Pond; 
July 1 to August 31 with seines in the 
Tar River; 

July 1 to June 30 with gigs in all public 
waters, except Rolands, Faulkners, 
Southerlands, and Weldon Ponds, City 
Lake, and Kerr Reservoir; 
July 1 to June 30 with dip and cast nets 
in Kerr Reservoir; 

July 1 to June 30 with cast nets in all 
public waters; 

Wake: 
July 1 to June 30 with gigs in all public 
waters, except Sunset, Benson, 
Wheeler, Raleigh, and Johnson Lakes; 
December 1 to June 5 with dip and bow 
nets in the Neuse River below 
Milburnie Dam, and Swift Creek below 
Lake Benson Dam; 

Warren: 
July 1 to August 31 with seines in 
Fishing Creek, Shocco Creek, and 
Walker Creek; excluding Duck and 
Hammes Mill Ponds; 
July 1 to June 30 with gigs in all public 
waters, except Duck and Hammes Mill 
Ponds, Kerr Reservoir, and Gaston 
Reservoir; 

July 1 to June 30 with dip and cast nets 
in Kerr Reservoir and Gaston 
Reservoir; 
July 1 to June 30 with cast nets in all 



(93) 
(a) 



(b) 



public waters; 
(92) Washington: 

(a) July 1 to June 30 with traps in the 
drainage canals of Lake Phelps; 

(b) December 1 to June 5 with dip and bow 
nets in all inland public waters, 
excluding Lake Phelps, public lakes, 
ponds and other impoundments; and 
with attended gill nets in Conaby 
Creek; 

Wayne: 
December 1 to March 1 with gill nets 
in Sasser's Mill Pond and Sleepy Creek 
Lake; 

December 1 to June 5 with dip and bow 
nets in Little River, Mill Creek, and 
Neuse River, except from Quaker Neck 
Dam downstream to SR 1008 (Tolar) 
bridge; 

(94) Wilkes: July 1 to June 30 with traps in 
Yadkin River below W. Kerr Scott 
Reservoir; and with gigs and spear guns 
in all public waters, except designated 
public mountain trout waters; 

(95) Wilson: 

(a) July 1 to June 30 with gigs in 
Contentnea Creek (except Buckhorn 
Reservoir), including unnamed 
tributaries between Flowers Mill and 
SR 1163 (Deans) bridge; 

(b) December 1 to June 5 with dip and bow 
nets in Contentnea Creek below US 301 
bridge and in Toisnot Swamp 
downstream from the Lake Toisnot 
Dam; 

(c) January 1 to March 1 with gill nets in 
Silver Lake; 

(96) Yadkin: July 1 to June 30 with gigs in 
all public waters, and with traps in the 
main stem of Yadkin River. 

Statutory Authority G.S. 113-134; 113-276; 
113-292. 

SUBCHAPTER 10D - GAME LANDS 
REGULATIONS 

,0003 HUNTING ON GAME LANDS 

(a) Safety Requirements. No person while 
hunting on any designated game land shall be 
under the influence of alcohol or any narcotic 
drug, or fail to comply with special restrictions 
regarding the use of the Blue Ridge Parkway 
where it adjoins game lands listed in this Rule. 

(b) Traffic Requirements. No person shall park 



1454 



NORTH CAROLINA REGISTER 



December 15, 1994 



9:18 



PROPOSED RULES 



a vehicle on game lands in such a manner as to 
block traffic, gates or otherwise prevent vehicles 
from using any roadway. 

(c) Tree Stands. It is unlawful to erect or to 
occupy, for the purpose of hunting, any tree stand 
or platform attached by nails, screws, bolts or wire 
to a tree on any game land designated herein. 
This prohibition shall not apply to lag-screw steps 
or portable stands that are removed after use with 
no metal left remaining in or attached to the tree. 

(d) Time and Manner of Taking. Except where 
closed to hunting or limited to specific dates by 
this Chapter, hunting on game lands is permitted 
during the open season for the game or furbearing 
species being hunted. On managed waterfowl 
impoundments, hunters shall not enter the posted 
impoundment areas earlier than 4:00 a.m. on the 
permitted hunting dates, and hunting is prohibited 
after 1:00 p.m. on such hunting dates; decoys may 
not be set out prior to 4:00 a.m. and must be 
removed by 3:00 p.m. each day. No person shall 
operate any vessel or vehicle powered by an 
internal combustion engine on a managed 
waterfowl impoundment. 

No person shall attempt to obscure the sex or age 
of any bird or animal taken by severing the head 
or any other part thereof, or possess any bird or 
animal which has been so mutilated. 

No person shall place, or cause to be placed on 
any game land, salt, grain, fruit, or other foods 
without prior written authorization of the 
commission or its agent. A decision to grant or 
deny authorization shall be made based on the best 
management practices for the wildlife species in 
question. No person shall take or attempt to take 
any game birds or game animals attracted to such 
foods. 

No live wild animals or wild birds shall be 
removed from any game land. 

(e) Hunting Dates: For purposes of this Section 
"Eastern" season refers to seasons set for those 
counties or parts of counties listed in 15A NCAC 
10B .0203(b)(1)(A); "Central" season refers to 
seasons set for those counties or parts of counties 
listed in 15A NCAC 10B .0203(b)(1)(D); 
"Northwestern" season refers to seasons set for 
those counties or parts of counties listed in 15A 
NCAC 10B .0203(b)(1)(B); "Western" season 
refers to seasons set for those counties or parts of 
counties listed in 15A NCAC 10B .0203(b)(1)(C). 

(1) Doves may be taken on the following 
game lands and dove hunting is limited 
to Mondays, Wednesdays, Saturdays 
and to Thanksgiving, Christmas and 
New Year's Days within the 



federally-announced season: 
Guilford County— Guilford County 
Farm Game Land 

Lenoir County— Caswell Farm Game 
Land 
(2) Any game may be taken during the 
open seasons on the following game 
lands and hunting is limited to 
Mondays, Wednesdays, Saturdays and 
Thanksgiving, Christmas and New 
Year's Days. In addition, deer may be 
taken with bow and arrow on the 
opening day of the bow and arrow 
season for deer. Special hunts on other 
days may also be set up for participants 
in the Disabled Sportsman Program. 
Raccoon and opossum hunting may 
continue until 7:00 a.m. on Tuesdays, 
until 7:00 a.m. on Thursdays, and until 
midnight on Saturdays. Additional 
restrictions apply as indicated in 
parentheses following specific 
designations: 

Ashe County— Carson Woods Game 
Land 

Bladen County— Bladen Lakes State 
Forest Game Lands (Handguns may not 
be carried and, except for 
muzzle-loaders, rifles larger than .22 
caliber rimfire may not be used or 
possessed. On the Breece Tract and the 
Singletary Tract deer and bear may be 
taken only by still hunting. Deer of 
either sex may be taken Mondays, 
Wednesdays, and Saturdays from the 
first Wednesday after Thanksgiving 
through the following Wednesday. 
Deer of either sex may also be taken 
the Saturday preceding Eastern bow 
season with bow and arrow and the 
Friday preceding the Eastern muzzle- 
loading season with any legal weapon 
(with weapons exceptions described in 
this Paragraph) by participants in the 
Disabled Sportsman Program. Wild 
turkey hunting is by permit only.) 
Caswell County— Caswell Game Land— 
(Deer of either sex may also be taken 
the Friday preceding the Central 
muzzle-loading season by participants 
in the Disabled Sportsman Program.) 
Catawba and Iredell Counties— Catawba 
Game Land (No deer may be taken 
from the tract known as Island Point 
and deer may be taken with bow and 



9:18 



NORTH CAROLINA REGISTER 



December 15, 1994 



1455 



PROPOSED RULES 



arrow only from the tract known as 
Molly's backbone.) 

Lenoir — County H.M. — Bizzcll, — Sfr; 
Game Land 

Onslow County— White Oak River 
Impoundment Game Land (In addition 
to the dates above indicated, waterfowl 
may be taken on the opening and 
closing days of the applicable waterfowl 
seasons.) 

Pender County— Holly Shelter Game 
Land (In addition to the dates above 
indicated, waterfowl may be taken on 
the opening and closing days of the 
applicable waterfowl seasons. Deer of 
either sex may be taken on Mondays, 
Wednesdays, and Saturdays from the 
first Wednesday after Thanksgiving 
through the fourth third Saturday after 
Thanksgiving.) Deer of either sex may 
also be taken the Friday preceding the 
Eastern muzzle-loading season with any 
legal weapon and the Saturday 
preceding Eastern bow season with bow 
and arrow by participants in the 
Disabled Sportsman Program.) 
Pender County— Northeast Cape Fear 
Wetlands Game Land (Wild turkey 
hunting is by permit only. ) 
Richmond, Scotland and Moore 
Counties— Sandhills Game Land (The 
regular gun season for deer consists of 
the open hunting dates from the second 
Monday before Thanksgiving to the 
third Saturday after Thanksgiving 
except on the field trial grounds where 
the gun season is from the second 
Monday before Thanksgiving to the 
Saturday following Thanksgiving. Deer 
may be taken with bow and arrow on 
all open hunting dates during the bow 
and arrow season, as well as during the 
regular gun season. Deer may be taken 
with muzzle-loading firearms on 
Monday, Wednesday and Saturday of 
the second week before Thanksgiving 
week, and during the regular gun 
season. Either sex deer hunting with 
any legal weapon is permitted on all 
areas the Thursday and Friday prior to 
the muzzle-loading season described in 
this Paragraph for participants in the 
Disabled Sportsman Program. Except 
for the deer seasons above indicated 
and the managed either-sex permit 



hunts, the field trial grounds are closed 
to all hunting during the period October 
22 to March 31. In addition to the 
regular hunting days, waterfowl may be 
taken on the opening and closing days 
of the applicable waterfowl seasons. 
Wild turkey hunting is by permit only. 
Dove hunting on the field trial grounds 
will be prohibited from the second 
Sunday in September through the 
remainder of the hunting season.) 
Robeson County— Robeson Game Land 
Robeson County— Bullard and Branch 
Hunting Preserve Game Land 
Sampson County— Sampson Game 
Lands 

Stokes County— Sauratown Plantation 
Game Land 

Wayne County— Cherry Farm Game 
Land, the use of centerfire rifles and 
handguns is prohibited 
Yadkin County-Huntsville Community 
Farms Game Land 
(3) Any game may be taken on the 
following game lands during the open 
season, except that: 

(A) Bears may not be taken on lands 
designated and posted as bear 
sanctuaries; 

(B) Wild boar may not be taken with the 
use of dogs on such bear sanctuaries, 
and wild boar may be hunted only 
during the bow and arrow seasons, 
the muzzle-loading deer season and 
the regular gun season on male deer 
on bear sanctuaries located in and 
west — of the — counties — of Madison, 
Buncombe, Henderson and Polk ; 

(C) On game lands open to deer hunting 
located in or west of the counties of 
Rockingham, Guilford, Randolph, 
Montgomery ^ Stanly and Union, etai 
An s on, the following rules apply to 
the use of dogs during the regular 
season for hunting deer with guns: 

(i) Except for the counties of 
Cherokee, Clay, Graham, 
Jackson, Macon, Madison, Polk, 
and Swain, game birds may be 
hunted with dogs. 

(ii) In the counties of Cherokee, Clay, 
Graham, Jackson, Macon, 
Madison, Polk, and Swain, small 
game in season may be hunted 
with dogs on all game lands 



1456 



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December 15, 1994 



9:18 



PROPOSED RULES 



except on bear sanctuaries. 

(D) On Croatan, Jordan, and Shearon 
Harris Game Lands, and posted 
waterfowl impoundments on Goose 
Creek Game Lands, waterfowl may 
be taken only on Mondays, 
Wednesdays, Saturdays; on 
Thanksgiving, Christmas and New 
Year's Days; and on the opening and 
closing days of the applicable 
waterfowl seasons. After November 
1, on the Pamlico Point, Campbell 
Creek, and Spring Creek 
impoundments, located on the Goose 
Creek Game Lands, a special permit 
is required for hunting on opening 
and closing days of the duck seasons, 
Saturdays of the duck seasons, and on 
Thanksgiving and New Year's day; 

(E) On the posted waterfowl 
impoundments of Gull Rock Game 
Land hunting of any species of 
wildlife is limited to Mondays, 
Wednesdays, Saturdays; 
Thanksgiving, Christmas, and New 
Year's Days; and the opening and 
closing days of the applicable 
waterfowl seasons; 

(F) On bear sanctuaries in and west of 
Madison, Buncombe, Henderson and 
Polk Counties dogs may not be 
trained or allowed to run unleashed 
between March 1 and October 1 1 ; 

(G) On Anson, Chatham, Jordan, New 
Lake, Pee Dee River, Pungo River, 
Shearon Harris and Gull Rock Game 
Lands deer of either sex may be taken 
from the first Wednesday after 
Thanksgiving through the third 
Saturday after Thanksgiving. 

(H) On Butner-Falls of Neuse and Person 
Game Lands waterfowl may be taken 
only on Tuesdays, Thursdays and 
Saturdays, Christmas and New Year's 
Days, and on the opening and closing 
days of the applicable waterfowl 
seasons; 

(I) On Alcoa southeast of NC 49, Angola 
Bay, Butner-Falls of Neuse, Goose 
Creek, Hofmann Forest, and Sutton 
Lake and Uwharrie Game Lands deer 
of either sex may be taken from the 
first Wednesday after Thanksgiving 
through the following Saturday; 

(J) On Croatan and Neuse River Game 



Lands deer of either sex may be taken 
from the first Wednesday after 
Thanksgiving through the following 
Tuesday; 

(K) Horseback riding is allowed on the 
Caswell and Thurmond Chatham 
game lands only during June, July, 
and August and on Sundays during 
the remainder of the year except 
during open turkey and deer seasons. 
Horseback riding is allowed only on 
roads opened to vehicular traffic. 
Participants must obtain a game lands 
license prior to engaging in such 
activity; 

(L) On the posted water fowl 
impoundments on the Jordan and 
Butner-Falls of Neuse game lands a 
special permit is required for all 
waterfowl hunting. 

(M) Additional restrictions or 
modifications apply as indicated in 
parentheses following specific 
designations: 

Alexander and Caldwell 
Counties— Brushy Mountains Game 
Lands 

Anson County— Anson Game Land 
Anson, Montgomery, Richmond and 
Stanly Counties— Pee Dee River Game 
Lands (Use of centerfire rifles 
prohibited in that portion in Anson 
and Richmond counties N. of US-74.) 
Ashe County— Elk Ridge Game Lands 
Ashe County— Cherokee Game Lands 
Ashe and Watauga Counties— Elk 
Knob Game Land 

Avery, Buncombe, Burke, Caldwell, 
Haywood, Henderson, Jackson, 
Madison, McDowell, Mitchell, 
Transylvania, Watauga and Yancey 
Counties— Pisgah Game Lands 
(Harmon Den and Sherwood Bear 
Sanctuaries in Haywood County are 
closed to hunting raccoon, opossum 
and wildcat. Training raccoon and 
opossum dogs is prohibited from 
March 1 to October 1 1 in that part of 
Madison County north of the French 
Broad River, south of US 25-70 and 
west of SR 1319.) 
Bertie—Bertie County Game Land 
Bertie, Halifax and Martin Counties— 
Roanoke River Wetlands (Hunting is 
by Permit only. Vehicles are 



9:18 



NORTH CAROLINA REGISTER 



December 15, 1994 



1457 



PROPOSED RULES 



prohibited on roads or trails except 
those operated on official Commission 
business or by_ permit holders.) 
Bertie and Washington 
Counties— Bachelor Bay Game Lands 
Beaufort and Pamlico 
Counties— Goose Creek Game Land 
Brunswick County— Green Swamp 
Game Land 

Burke and Cleveland Counties-South 
Mountains Game Lands 
Caldwell, Watauga and Wilkes 
Counties— Yadkin Game Land 
Camden — Camden County Game Land 
Carteret, Craven and Jones 
Counties— Croatan Game Lands 
Chatham County—Chatham Game 
Land 

Chatham, Durham, Orange, and 
Wake Counties— Jordan Game Lands 
(On areas posted as "archery zones" 
hunting is limited to bow and arrow. 
Horseback riding, including all equine 
species, is prohibited. Target 

shooting is prohibited.) 
Chatham and Wake Counties— Shearon 
Harris Game Land 

Cherokee, Clay, Graham, Jackson, 
Macon, Swain and Transylvania 
Counties— Nantahala Game Lands. 
Raccoon and opossum may be hunted 
only from sunset Friday until sunrise 
on Saturday and from sunset until 
12:00 midnight on Saturday on Fires 
Creek Bear Sanctuary in Clay County 
and in that part of Cherokee County 
north of US 64 and NC 294, east of 
Persimmon Creek and Hiwassee 
Lake, south of Hiwassee Lake and 
west of Nottely River; in the same 
part of Cherokee County dog training 
is prohibited from March 1 to 
October 11. It is unlawful to train 
dogs or allow dogs to run unleased on 
any game land in Graham County 
between March 1 and October 1 1 . 
Chowan County— Chowan Game Land 
Cleveland County— Gardner-Webb 
Game Land 

Craven County— Neuse River Game 
Land 

Currituck County— North River Game 
Land 

Currituck County— Northwest River 
Marsh Game Land 



Dare County— Dare Game Land (No 

hunting on posted parts of bombing 

range. The use and training of dogs 

is prohibited from March 1 throug h 

June 30.) 

Davidson, Davie, Montgomery, 

Rowan and Stanly Counties— Alcoa 

Game Land 

Davidson County— Linwood Game 

Land 

Davidson, Montgomery and Randolph 

Counties— Uwharrie Game Land 

Duplin and Pender Counties— Angola 

Bay Game Land 

Durham, Granville and Wake 

Counties— Butner-Falls of Neuse 

Game Land (On that part marked as 

the Penny Bend Rabbit Research Area 

no hunting is permitted. Horseback 

riding, including all equine species, is 

prohibited. Target shooting is 

prohibited.) 

Gates County— Chowan Swamp Game 

Land 

Henderson, Polk and Rutherford 

Counties— Green River Game Lands 

Hyde County— Gull Rock Game Land 

Hyde County— Pungo River Game 

Land 

Hyde and Tyrrell Counties— New 

Lake Game Land 

Jones and Onslow Counties— Hofmann 

Forest Game Land 

Lee County— Lee Game Land 

McDowell and Rutherford 

Counties— Dysartsville Game Lands 

Moore County— Moore Game Land 

New Hanover County— Sutton Lake 

Game Land 

Person County— Person Game Land 

Transylvania County— Toxaway Game 

Land (Deer of either sex may be 

taken with a bow and arrow on the 

Saturday prior to the first segment of 

the Western bow and arrow season by 

participants of the Disabled Sportsman 

Program.) 

Tyrrell and Washington 

Counties— Lantern Acres Game Land 

Vance County—Vance Game Land. 

(The use of dogs, centerfire rifles and 

handguns for hunting deer is 

prohibited on the Nutbush Peninsula 

tract of Vance Game Lands.) 

Wilkes County-Thurmond Chatham 



1458 



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December 15, 1994 



9:18 



PROPOSED RULES 



Game Land (Deer of either sex may 
be taken with bow and arrow on the 
Saturday prior to Northwestern bow 
and arrow season by participants of 
the Disabled Sportsman Program.) 

(4) Deer of either sex may be taken on the 
hunt dates indicated by holders of 
permits to participate in managed hunts 
scheduled and conducted in accordance 
with this Subparagraph on the game 
lands or portions of game lands 
included in the following schedule: 
Friday and Saturday of the first week 
after Thanksgiving Week: 

Uwharric and Alcoa southeast of 

NC 4 9 
Thursday and Friday of the week be- 
fore Thanksgiving Week: 

Sandhills east of US 1 

Sandhills west of US 1 
Application forms for permits to partici- 
pate in managed deer hunts on game 
lands, together with pertinent informa- 
tion and instructions, may be obtained 
from hunting and fishing license agents 
and from the Wildlife Resources Com- 
mission. Completed applications must 
be received by the Commission not 
later than the first day of September 
next preceding the dates of hunt. Per- 
mits are issued by random computer 
selection, are mailed to the permittees 
prior to the hunt, and are nontransfer- 
able. A hunter making a kill must tag 
the deer and report the kill to a wildlife 
cooperator agent. 

(5) The following game lands land and 
Federal — Wildlife — Refuge refuges are 
closed to all hunting except to those 
individuals who have obtained a valid 
and current permit from the Wildlife 
Resources Commission: Bertie, Halifax 
and Martin Counties— Roanoke River 
Wetlands; 

Bertie County— Roanoke River 
National Wildlife Refuge. 
Dare County— Dare Game Lands 
(Those parts of bombing range 
posted against hunting) 
Davie— Hunting Creek Swamp 
Waterfowl Refuge 
Gaston, Lincoln and Mecklenburg 
Counties— Cowan's Ford Water- 
fowl Refuge. 



Statutory Authority G.S. 113-134; 113-264; 
113-291.2; 113-291.5; 113-305. 

SUBCHAPTER 10E - FISHING AND 
BOATING ACCESS AREAS 

.0004 USE OF AREAS REGULATED 

(a) No person shall leave any vehicle, boat 
trailer or other obstruction on any access area in 
such a location, position or condition that it will 
prevent, impede, or inconvenience the use by other 
persons of any ramp or other facility constructed 
for the purpose of launching or landing boats. No 
person shall leave parked any vehicle, boat, boat 
trailer or other object at any place on any access 
area other than on such place or zone as is desig- 
nated as an authorized parking zone and posted or 
marked as such. 

(b) No person shall possess a loaded firearm on 
any boat access area. No person shall operate a 
vehicle on any boat access area in a manner so as 
to endanger life or property. 

(c) No person, when using any access area, shall 
deposit any debris or refuse anywhere on the 
grounds of the area. No person, when using any 
access area, shall do any act which is prohibited or 
neglect to do any act which is required by signs or 
markings placed on such area under authority of 
this Regulation for the purpose of regulating the 
use of the area. At any time when all designated 
parking zones on any access area are fully occu- 
pied, any person may enter and use such facilities, 
provided such person makes other arrangements 
for parking and violates none of the provisions of 
this Regulation or the signs or markings made or 
posted pursuant hereto. 

(d) No person shall operate a motorboat in the 
public waters of North Carolina within 50 yards of 
a Commission-owned or managed boat launching 
ramp at greater than "no wake" speed. For the 
purpose of this Regulation, "no wake" speed shall 
mean idling speed or a slow speed creating no 
appreciable wake. 

(e) Except where facilities are provided, it is 
unlawful to use any boating access area for pur- 
poses other than the launching of boats and park- 
ing vehicles and boat trailers. All other 
uses— including swimming, skiing, camping, 
building fires, operating concessions or other 
activities not directly involved with launching of 
boats— are expressly prohibited.^ except that those 
activities including fish weigh-ins which have been 
approved by the Commission and for which a 
permit has been issued may be conducted. 



provided that the permit authorizing such activity 



9:18 



NORTH CAROLINA REGISTER 



December 15, 1994 



1459 



PROPOSED RULES 






is available for inspection by wildlife enforcement 
officers at the time the activity is taking place . 

(f) Except where facilities are provided and 
approved uses are posted, it is unlawful to use any 
public fishing area for purposes other than fishing. 
All prohibited uses and activities shall be posted 
including possession of loaded firearms, 
swimming, launching or mooring jet skis or boats, 
skiing, building fires, operating concessions, or 
other activities not directly associated with fishing. 

£g} A fee of ten dollars ($10.00) shall be 
charged for issuing an annual weight-in permit at 
any Wildlife access area for club tournament 
weigh-ins involving 20 boats or less. A fee of 
fifty dollars ($50.00) shall be charged for issuing 
each weight-in permit for open tournaments 
involving more than 20 boats and this permit shall 
be date and site specific. 

Statutory Authority G.S. 113-134; 113-264; 
75A-14. 

****************** 

l\otice is hereby given in accordance with G.S. 
150B-21.2 that the North Carolina Wildlife Re- 
sources Commission intends to amend rules cited 
as 15 A NCAC 10B .0205; 10C .0203, .0205, 
.0305, .0401 - .0402; and WD .0004. 

1 he proposed effective date of this action is July 
1. 1995. 

1 he public hearing will be conducted at 10:00 
a.m. on January 13, 1995 at the Archdale Build- 
ing, Room 332, 512 N. Salisbury Street, Raleigh, 
NC 

tveason for Proposed Action: 

15A NCAC 10B .0205 - To conform wording and 

dates to other season regulations. 

15A NCAC IOC .0203 - To include previously 

omitted portions of the Chatuge Reservoir and 

tributaries in the reciprocal license agreement. 

15A NCAC IOC .0205 - To change upstream 

boundary of the Hatchery Supported Trout Waters 

in Fire's Creek because fish barrier previously 

marking boundary washed away. To clarify and 

conform portions of the rule. To clarify definitions 

of Hatchery Supported Trout Waters and to make 

other minor editorial change. 

15A NCAC 10C .0305 - To clarify where the 



Lumber River ends. 7b set seasons and creel 
limits of particular species of fish in particular 
bodies of water. 

ISA NCAC 10C .0401 - To add and delete certain 
lakes to list of Urban Lakes that have size and 
creel limits for catfish. 

15A NCAC 10C .0402 - Provide restrictions on 
size of eels taken in inland waters in conformity 
with regulations of N. C. Division of Marine Fish- 
eries. 

15A NCAC 10D .0004 - To conform fishing hours 
to those in 15 A NCAC 10C .0305. 

(comment Procedures: Interested persons may 
present their views either orally or in writing at 
the hearing. In addition, the record of hearing 
will be open for receipt of written comments from 
December 15, 1994 through January 17, 1995. 
Such written comments must be delivered or mailed 
to the N. C. Wildlife Resources Commission, 512 
N. Salisbury Street, Raleigh, N.C. 27604-1188. 

SUBCHAPTER 10B - HUNTING 
AND TRAPPING 

SECTION .0200 - HUNTING 

.0205 RACCOON AND OPOSSUM 

(a) Open Seasons 

(1) Sunrise Monday on or nearest October 

15 to January 31 in and west of Stokes, 

Forsyth, Davie, Iredell, Mecklenburg 

and Union Counties; except as follows: 

(A) There is no open season for hunting 
raccoon or opossum in that part of 
Madison County lying north of the 
French Broad River, south of US 
25-70 and west of SR 1319. 

(B) Raccoon and opossum may be hunted 
only from sunset Friday until sunrise 
Saturday and from sunset Saturday 
until 12:00 midnight Saturday in that 
part of Cherokee County north of US 
64 and NC 294, east of Persimmon 
Creek and Hiwassee Lake, south of 
Hiwassee Lake, and west of Nottely 
River. 

(C) Training raccoon and opossum dogs is 
prohibited from March 1 to the Mon- 
day on or nearest October 15 through 
October 1 1 in the following parts of 
counties: 

(i) Cherokee: That part north of US 
64 and NC 294, east of Persim- 



1460 



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December 15, 1994 



9:18 



PROPOSED RULES 



mon Creek and Hiwassee Lake, 
south of Hiwassee Lake, and west 
of Nottely River, 
(ii) Madison: That part north of the 
French Broad River, south of US 
25-70, and west of SR 1319. 
(D) Training raccoon and opossum dogs at 
night is prohibited from April 1 
through August 15 in Caldwell and 
Rutherford Counties. 
(2) Sunrise Monday on or nearest October 
22 to the last day of February, in and 
east of Rockingham, Guilford, 
Davidson, Rowan, Cabarrus, Stanly and 
Anson Counties, 
(b) Bag Limits 

(1) Raccoon: Daily, one per individual to 
a maximum of two per hunting party; 
possession, two; season, 20, except that 
in and east of Rockingham, Guilford, 
Randolph, Montgomery and Anson 
Counties the limits are: daily, three; 
possession, six; season, 30. The field 
possession limit while hunting is the 
same as the applicable daily limit. 

(2) Opossum: No restriction. 

Note: See 15A NCAC 10B .0111 prohibiting 
axes, saws and shooting in certain western 
counties. 

Statutory Authority G.S. 113-134; 113-291.2. 

SUBCHAPTER IOC - INLAND 
FISHING REGULATIONS 

SECTION .0200 - GENERAL 
REGULATIONS 

.0203 RECIPROCAL LICENSE 
AGREEMENTS 

(a) Virginia. In accordance with a reciprocal 
license agreement between the States of Virginia 
and North Carolina, all valid licenses and permits 
authorizing sport fishing and legally obtained from 
the Virginia Commission of Game and Inland 
Fisheries or the North Carolina Wildlife Resources 
Commission, or the duly authorized agents of 
either, shall be reciprocally honored for fishing by 
means of rod and reel, hook and line, casting, or 
trotline in the Dan River east of the Brantly Steam 
Plant Dam at Danville, and east of the mouth of 
Difficult Creek on the Staunton River arm of Kerr 
Reservoir to the Gaston Dam on the Roanoke 
River, including all tributary waters lying in either 
Virginia or North Carolina which are accessible by 



boat from the main bodies of the Kerr and Gaston 
Reservoirs, or from the Island Creek 
subimpoundment. Senior citizen and juvenile 
license exemptions authorized by either state will 
be honored by both states. In addition, all valid 
fishing licenses and permits legally obtained from 
the Virginia Game and Fish Commission or the 
North Carolina Wildlife Resources Commission, or 
the duly authorized agents of either, shall be 
reciprocally honored for fishing with rod and reel, 
hook and line or by casting in that portion of the 
New River between the confluence of the North 
and South forks of the New River in North 
Carolina (Alleghany County) and the confluence of 
the New and Little Rivers in Virginia (Grayson 
County). 

(b) Georgia. In that portion — of Chatugc 
Re s ervoir lying in and between accordance with a 
reciprocal license agreement between the States of 
North Carolina and Georgia, ea s t of the dam to Elf 
High Bridge on the Shooting Creek Arm and to 
Macedonia Bridge on US 76 south of Hiawassce, 
Georgia, and the lateral branches of the reservoir 
between these points, all official valid statewide 
fishing licenses i and permits and license 
exemptions required by and legally obtained from 
the North Carolina Wildlife Resources 
Commission or the Georgia Game — and — Fish 
Commi ss ion Department of Environment, Health, 
and Natural Resources , or duly authorized agents 
of either, shall be reciprocally honored and 
accepted as legal authorization to fi s h by mean s of 
rod and reel, hook and line, or casting: Provided, 
however, that all per s on s fi s hing in the waters of 
the Chatugc Reservoir beyond the bounds of the 
state from which they hold a valid fi s hing licen s e, 
shall be authorized to fish with said licen s e only 
from boats not anchored to the shore or to a pier 
or boat dock connecting to the shore for the 
purposes of fishing with hook and line in all of 
Chatuge Reservoir including all tributary waters 
lying in either Georgia or North Carolina which 
are accessible by boat from the main body of 
Chatuge Reservoir. All persons fishing in the 
waters of Chatuge Reservoir beyond the bounds of 
the state from which they hold a valid fishing 
license, shall be authorized to fish with said license 
only from boats not anchored to the shore or to a 
pier or boat dock connecting to the shore. 

(c) Tennessee. In that portion of Slick Rock 
Creek which coincides with the state line between 
North Carolina and Tennessee and in all of 
Calderwood Reservoir, when fishing from boat, all 
valid statewide fishing licenses obtained from the 
North Carolina Wildlife Resources Commission or 



9:18 



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December 15, 1994 



1461 



PROPOSED RULES 






the Tennessee Wildlife Resources Agency, or the 
duly authorized agents of either, shall be 
reciprocally honored for the purposes of fishing 
with hook and line or fishing in designated 
mountain trout waters, according to the tenor 
thereof. 



Statutory Authority G. S. 
113-304. 



.0205 



113-134; 113-275; 



PUBLIC MOUNTAIN TROUT 
WATERS 

(a) Designation of Public Mountain Trout 

Waters. On game lands located in western North 

Carolina certain waters are designated as public 

mountain trout waters and classified as wild trout 

waters or hatchery supported waters. For specific 

classifications see Subparagraphs (1) and (2) of 

Paragraph (a) of this Rule. Other streams, 

portions of streams, and bodies of water which are 

not located on game lands are designated within 

this Rule as public mountain trout waters and are 

classified as hatchery supported trout waters or 

wild trout waters. These waters are posted and 

lists thereof are filed with the clerks of superior 

court of the counties in which they are located: 

(1) Hatchery Supported Trout Waters. The 

hatchery supported public mountain 

trout waters are designated in this 

Subparagraph under the counties where 

located. Where specific watercourses 

are listed indentation indicates the 

watercourse named is tributary to the 

next preceding watercourse named and 

not so indented. The designation 

applies to the entire watercourse or 

impoundment named, including 

tributaries only when the confluence of 

the tributaries and the designated 

mainstem also lies on game lands, 

except — as — otherwise — indicated — is 

parentheses following the name. — Other 

clarifying — information — may — atee — be 

included — parenthetically: otherwise. 

Wild Trout regulations apply to the 

tributaries. 

(A) Alleghany County: 

New River (not trout water) 

Little River (Whitehead to 

McCann Dam) 

Crab Creek 

Brush Creek (except where posted 

against trespass) 

Little Pine Creek 

Big Pine Creek 



Laurel Branch 

Big Glade Creek 

Bledsoe Creek 

Pine Swamp Creek 

Waterfalls Creek (South Fork 

Little River) (except where posted 

against trespass) 

South Fork New River (not trout 

water) 

Prather Creek 

Cranberry Creek 

Piney Fork (SR 1142 bridge to 

Cranberry Creek) 

Meadow Fork 
Yadkin River (not trout water) 

Roaring River (not trout water) 
East Prong Roaring River (that 
portion on Stone Mountain 
State Park) Delayed Harvest 
Waters regulations apply. See 
Subparagraph (5) of Paragraph 
(a) of this Rule. 
(B) Ashe County: 

New River (not trout waters) 

North Fork New River (Watauga 

Co. line to Sharp Dam) 

Helton Creek (Virginia State 

line to New River) 

Big Horse Creek (SR 1361 

bridge to Tuckerdale) 

Buffalo Creek (headwaters to 

junction of NC 194-88 and SR 

1131) 

Big Laurel Creek 

Three Top Creek (portion not 

on game lands) 

Hoskins Fork (Watauga 

County line to North Fork 

New River) 

South Fork New River (not trout 

waters) 

Cranberry Creek (Alleghany 

County line to South Fork 

New River) 

Nathans Creek 

Peak Creek (headwaters to 

Trout Lake, except Blue Ridge 

Parkway waters) 

Trout Lake (Delayed harvest 

regulations apply) 

Roan Creek 

North Beaver Creek 

South Beaver Creek 

(headwaters to Ashe Lake) 

Pine Swamp Creek (all forks) 



1462 



NORTH CAROLINA REGISTER 



December 15, 1994 



9:18 



PROPOSED RULES 



Old Fields Creek 

Mill Creek (except where 

posted against trespass) 

(C) Avery County: 

Nolichucky River (not trout waters) 
North Toe River (headwaters to 
Mitchell County line, except 
where posted against trespass) 

Plumtree Creek 

Squirrel Creek 
Elk River (SR 1306 crossing to 
Tennessee State line) 

Catawba River (not trout water) 
Johns River (not trout water) 
Wilson Creek [not Hatchery 
Supported trout water, see 
Subparagraph (2) of Paragraph (a) 
of this Rule] 

Lost Cove Creek [not Hatchery 
Supported trout water, see 
Subparagraph (4) of Paragraph (a) 
of this Rule] 

Gragg Prong 

Webb Prong 
Buck Timber Creek [not Hatchery 
Supported trout water, see 
Subparagraph (2) of Paragraph (a) 
of this Rule] 

Cary Flat Branch [not Hatchery 
Supported trout water, see 
Subparagraph (2) of Paragraph (a) 
of this Rule] 

Boyde Coffey Lake 

Archie Coffey Lake 
Linville River (Sloop Dam to Blue 
Ridge Parkway boundary line) 

Milltimber Creek 
Linville River [Land Harbor line 
(below dam) to Ben Aldridge line, 
except Bob Miller property] 

(D) Buncombe County: 

French Broad River (not trout water) 
Big Ivy Creek (Ivy River) 
(Dillingham Creek to US 19-23 
bridge) 

Dillingham Creek (Corner 
Rock Creek to Big Ivy Creek) 
Stony Creek 
Mineral Creek 
Corner Rock Creek 
Reems Creek (Sugar Camp Fork to 
US 19-23 bridge, except where posted 
against trespass) 

Swannanoa River (SR 2702 bridge 
near Ridgecrest to Sayles Bleachery in 



Asheville, except where posted 
against trespass) 

Bent Creek (headwaters to N.C. 
Arboretum boundary line) 

Lake Powhatan 
Cane Creek (headwaters to SR 3138 
bridge) 

(E) Burke County: 

Catawba River (not trout water) 

South Fork Catawba River (not 
trout water) 

Henry Fork (lower Morganton 
watershed line downstream to 
SR 1919 at Ivy Creek) 
Jacob Fork (Shinny Creek to 
lower South Mountain State 
Park boundary) Delayed 

Harvest Regulations apply. 
See Subparagraph (a)(5) of this 
Rule. 
Johns River (not trout water) 
Parks Creek (not trout water) 
Carroll Creek (game lands 
above SR 1405) 
Linville River (game lands portion 
below the Blue Ridge Parkway 
and from first bridge on SR 1223 
below Lake James powerhouse to 
Muddy Creek) 

(F) Caldwell County: 

Catawba River (not trout water) 
Johns River (not trout water) 

Wilson Creek (Phillips Branch to 

Browns Mountain Beach dam, 

except where posted against 

trespass) 

Estes Mill Creek (not trout water) 

Thorpe Creek (falls to NC 90 

bridge) 
Mulberry Creek (not trout water) 
Boone Fork (not Hatchery 
Supported trout water) 

Boone Fork Pond 

(G) Cherokee County: 

Hiwassee River (not trout water) 
Shuler Creek (headwaters to 
Tennessee line, except where 
posted against trespass) 
North Shoal Creek (Crane Creek) 
(headwaters to SR 1325) 
Persimmon Creek 
Davis Creek 

Bald Creek 
Beaver Dam Creek (headwaters to 
SR 1326 bridge) 



9:18 



NORTH CAROLINA REGISTER 



December 15, 1994 



1463 



PROPOSED RULES 



Valley River 
Hyatt Creek 
Webb Creek 

Junaluska Creek (Ashturn 
Creek to Valley River) 
(H) Clay County: 

Hiwassee River (not trout water) 

Fires Creek ( the fish barrier to 
first bridge above the lower game 
land line on US Forest Service 
road 442 to SR 1 300) 
Tusquitee Creek (headwaters to 
lower SR 1300 bridge) 

Tuni Creek 
Chatuge Lake (not trout water) 
Shooting Creek (headwaters to US 
64 bridge at SR 1338) 
Hothouse Branch 
Vineyard Creek 
(I) Graham County: 

Little Tennessee River (not trout 
water) 

Calderwood Reservoir (Cheoah 
Dam to Tennessee State line) 
Cheoah River (not trout water) 
Yellow Creek 

Santeelah Reservoir (not trout 
water) 
West Buffalo Creek 

Huffman Creek (Little 
Buffalo Creek) 
Squalla Creek 
South Fork Squalla Creek 
Santeelah Creek (Johns Branch to 
mouth) 
Big Snowbird Creek (old railroad 
junction to mouth) 

Mountain Creek (game lands 
boundary to SR 1138 bridge) 

Long Creek (portion not on game 

lands) 

Tulula Creek (headwaters to 

lower bridge on SR 1211) 

Franks Creek 
Cheoah Reservoir 
Fontana Reservoir (not trout 
water) 

Stecoah Creek 
Sawyer Creek 
Panther Creek 
(J) Haywood County: 

Pigeon River (not trout water) 
Hurricane Creek 
Cold Springs Creek 
Jonathans Creek - lower (concrete 



bridge in Dellwood to Pigeon 
River) 

Jonathans Creek - upper [SR 1302 
bridge (west) to SR 1307 bridge] 
Hemphill Creek 
West Fork Pegion River 
(headwaters to Champion 
International property line, 
except Middle Prong) 
Richland Creek (Russ Avenue 
bridge to US 19A-23 bridge) 
Delayed Harvest Regulations 
apply. See Subparagraph (a)(5) 
of this Rule. 
(K) Henderson County: 

Broad River (not trout water) 

Rocky Broad River (one-half mile 
north of Bat Cave to Rutherford 
County line) 

Green River - upper (mouth of 
Bob Creek to mouth of Rock 
Creek) 

Green River - lower (Lake 
Summit Dam to Polk County line) 
Camp Creek (SR 1919 to Polk 
County line) 
Big Hungry River 
Little Hungry River 
North Fork Mills River 
(game lands portion below the 
Hendersonville watershed dam) 
Delayed Harvest 
Regulations apply. See 

Subparagraph (a)(5) of this 
Rule. 
(L) Jackson County: 

Tuckasegee River (confluence with 

West Fork Tuckasegee River to SR 

1392 bridge at Wilmot) 

Delayed Harvest Regulations apply to 

that portion between NC 107 bridge 

at Love Field and NC 116 bridge at 

Webster. See Subparagraph (a)(5) of 

this Rule. 

Scott Creek (entire stream, except 

where posted against trespass) 

Dark Ridge Creek (Jones Creek to 
Scotts Creek) 

Buff Creek (SR 1457 bridge 
below Bill Johnson's place to 
Scott Creek) 
North Fork Scott Creek 
Savannah Creek (Headwaters to 
Bradley's Packing House on NC 1 16) 
Greens Creek (Greens Creek 



1464 



NORTH CAROLINA REGISTER 



December 15, 1994 



9:18 






PROPOSED RULES 



Baptist Church on SR 1730 to 
Savannah Creek) 
Cullowhee Creek (TUley Creek to 
Tuckasegee River) 

Bear Creek Lake 
Wolf Creek [not Hatchery Supported 
trout water, see Subparagraph (2) of 
Paragraph (a) of this Rule] 
Wolf Creek Lake 
Balsam Lake 
Tanasee Creek [not Hatchery 
Supported trout water, see 
Subparagraph (2) of Paragraph (a) of 
this Rule] 

Tanasee Creek Lake 
West Fork Tuckasegee River (Shoal 
Creek to existing water level of Little 
Glenville Lake) Shoal Creek 
(Glenville Reservoir pipeline to 
mouth) 
(M) Macon County: 

Little Tennessee River (not trout 
water) 

Nantahala River (Nantahala Dam 
to Swain County line) Delayed 
Harvest Regulations apply to the 
portion from Whiteoak Creek to 
the Nantahala Power and Light 
powerhouse discharge canal. See 
Subparagraph (a)(5) of this Rule. 
Queens Creek Lake 
Roaring Fork Creek (game land 
boundary to mouth) 
Burningtown Creek 
Cullasaja River (Sequoah Dam to 
US 64 bridge near junction of SR 
1672) 

Ellijay Creek (except where 
posted against trespass) 
Skitty Creek (not trout water) 
Cliffside Lake 
Cartoogechaye Creek (US 64 
bridge to Little Tennessee River) 
Tessentee Creek (Nichols Branch 
to Little Tennessee River, except 
where posted against trespassing) 
Savannah River (not trout water) 

Big Creek (base of falls to 
Georgia State line) 
(N) Madison County: 

French Broad River (not trout water) 
Shut-in Creek 

Spring Creek (junction of NC 209 
and NC 63 to lower US Forest 
Service boundary line) 



Meadow Fork Creek 
Roaring Fork 
Little Creek 
Max Patch Pond 
Mill Ridge Pond 
Big Laurel Creek (Mars Hill 
Watershed boundary to Rice's Mill 
Dam) 

Shelton Laurel Creek (headwaters 
to NC 208 bridge) 

Big Creek (headwaters to 

lower game land boundary) 

Mill Creek 
Spillcorn Creek 

Puncheon Fork (Hampton Creek 
to Big Laurel Creek) 
(O) McDowell County: 

Catawba River (not trout water) 
Buck Creek (not trout water) 

Little Buck Creek (game land 

portion) 
Curtis Creek (fish barrier to US 
70 bridge) 

North Fork Catawba River 
(headwaters to North Cove 
School, SR 1569) 

Armstrong Creek (Cato Holler 

line downstream to upper 

Greenlee line) 
Mill Creek (upper railroad bridge 
to U.S. 70 Bridge, except where 
posted against trespass) 
(P) Mitchell County: 

Nolichucky River (not trout water) 
Big Rock Creek (headwaters to 
fishing club property above A.D 
Harrel farm) 

Little Rock Creek (Green 

Creek Bridge to Big Rock 

Creek, except where posted 

against trespass) 
Cane Creek (SR 1219 to 
Nolichucky River) 
Grassy Creek (East Fork Grassy 
Creek to mouth) 

East Fork Grassy Creek 
North Toe River (Avery County 
line to SR 1121, Altapass Road) 
(Q) Polk County: 

Broad River (not trout water) 

North Pacolet River (Pacolet Falls 
to NC 108 bridge) 

Fork Creek (Fork Creek 

Church on SR 1128 to North 

Pacolet River) 



9:18 



NORTH CAROLINA REGISTER 



December 15, 1994 



1465 



PROPOSED RULES 



Big Fall Creek (portion above 
and below water supply 
reservoir) 
Green River (Henderson County 
line to mouth of Brights Creek) 
Little Cove Creek 
Cove Creek 

Camp Creek [Henderson 
County line (top of falls) to 
Green River] 

Fulloms Creek (SR 1154 to 
Green River) 
(R) Rutherford County: 

Broad River (not trout water) 

Rocky Broad River (Henderson 
County line to head of rapids at 
Goose Pond Hole, except 
whereposted against trespass) 
(S) Stokes County: 

Dan River (lower Flippin property 
line below SR 1416 to 200 yards 
downstream from end of SR 
1421) 
(T) Surry County: 

Yadkin River (not trout water) 

Ararat River (SR 1727 
downstream to the Business US 
52 bridge) 

Delayed Harvest regulations 
apply. See Subparagraph (5) of 
Paragraph (a) of this Rule. 
Stewarts Creek (not trout water) 
Pauls Creek (Virginia State 
line to (L3 mile below SR 
1625 bridge-lower Caudle 
property line) 
Fisher River (Cooper Creek) 
(Virginia State line to NC 89 
bridge) 

Little Fisher River (Virginia 
State line to NC 89 bridge) 
(U) Swain County: 

Little Tennessee River (not trout 
water) 

Calderwood Reservoir (Cheoah 
Dam to Tennessee State line) 
Cheoah Reservoir 
Fontana Reservoir (not trout 
water) 

Alarka Creek 

Nantahala River (Macon County 
line to existing Fontana Reservoir 
water level) 

Tuckasegee River (not trout water) 
Deep Creek (Great Smoky 



Mountains National Park 
boundary line to Tuckasegee 
River) 

Connelly Creek 
(V) Transylvania County: 

French Broad River (junction of west 
and north forks to US 276 bridge) 
Davidson River (Avery Creek itc 
Ecusta intake) 
East Fork French Broad River (Glady 
Branch to French Broad River) 
Middle Fork French Broad River 
West Fork French Broad River (SR 
1312 and SR 1309 intersection to 
junction of west and north forks) 
Savannah River (not trout water) 
Thompson River (SR 1152 to 
South Carolina state line, except 
where posted against trespass) 
(W) Watauga County: 

New River (not trout waters) 

North Fork New River (from 
confluence with Maine and Mine 
branches to Ashe County line) 
Maine Branch (headwaters to 
North Fork New River) 
South Fork New River (not trout 
water) 

Meat Camp Creek 

Norris Fork Creek 
Howards Creek (downstream from 
lower falls) 
Middle Fork New River (Lake 
Chetola Dam to South Fork New 
River) 
Yadkin River (not trout water) 

Stony Fork (headwaters to Wilkes 
County line) 

Elk Creek (headwaters to gravel 
pit on SR 1508, except where 
posted against trespass) 
Watauga River (SR 1559 at Foscoe 
downstream to NC 105 bridge) 
Delayed Harvest Regulations apply. 
See Subparagraph (5) of Paragraph (a) 
of this Rule. 
Beech Creek 

Buckeye Creek Reservoir 
Coffee Lake 
Laurel Creek 

Cove Creek (SR 1233 bridge at 
Zionville to SR 1233 bridge at 
Amantha) 

Dutch Creek (second bridge on 
SR 1134 to mouth) 



1466 



NORTH CAROLINA REGISTER 



December 15, 1994 



9:18 



PROPOSED RULES 



Boone Fork (headwaters to SR 
1562) 
(X) Wilkes County: 

Yadkin River (not trout water) 
Roaring River (not trout water) 
East Prong Roaring River 
(Bullhead Creek to Brewer's Mill 
on SR 1943) (Delayed 
harvestregulations apply to 
portion on Stone Mountain State 
Park) See Subparagraph (5) of 
Paragraph (a) of this Rule. 
Stone Mountain Creek (Delayed 
Harvest Regulations apply. See 
Subparagraph (5) of Paragraph (a) 
of this Rule.) 

Middle Prong Roaring River 

(headwaters to second bridge on SR 

1736) 

Harris Creek (end of SR 1716 to 

mouth) 

Pell Branch Pond 

Boundary Line Pond 

West Prong Roaring River (not trout 

waters) 

Pike Creek 

Pike Creek Pond 

Reddies River (not trout water) 

Middle Fork Reddies River (Clear 
Prong) (headwaters to bridge on 
SR 1580) 

South Fork Reddies River 

(headwaters to NC 16 bridge) 

North Fork Reddies River 

(Vannoy Creek) (headwaters to 

Union School bridge on SR 1559) 

North Prong Reddies River 

(Darnell Creek) (downstream 

ford on SR 1569 to confluence 

with North Fork) 

Lewis Fork Creek (not trout water) 
South Prong Lewis Fork 
(headwaters to Lewis Fork Baptist 
Church) 

Fall Creek (except portions 
posted against trespass) 

Stony Fork Creek (headwaters to Mt. 

Zion bridg e near intersection of SR 

1155 and SR 1167) 
(Y) Yancey County: 

Nolichucky River (not trout water) 
Cane River (Cattail Creek to 
Bowlens Creek) 

Bald Mountain Creek (except 
portions posted against trespass) 



Indian Creek (not trout water) 
Price Creek (junction of 
SR 1120 and SR 1121 to 
Indian Creek) 
South Toe River (Clear Creek to 
lower boundary line of Yancey 
County recreation park except 
where posted against trespass) 
(2) Wild Trout Waters. All designated 
public mountain trout waters located on 
game lands are classified as wild trout 
waters unless classified otherwise. The 
trout waters listed in this Subparagraph 
are also classified as wild trout waters. 
On game lands all tributaries to wild 
trout waters are also classified as wild 
trout waters. 

(A) Alleghany County: 

Big Sandy Creek (portion on Stone 
Mountain State Park) 
Ramey Creek (entire stream) 
Stone Mountain Creek (that portion 
on Stone Mountain State Park) 

(B) Ashe County: 

Big Horse Creek (Virginia State Line 
to SR 1361 bridge) Catch and 
Release/Artificial Lures Only 
Regulations apply. See Subparagraph 
(a)(3) of this Rule. 

(C) Avery County: 

Birchfield Creek (entire stream) 
Cow Camp Creek (entire stream) 
Cranberry Creek (entire stream) 
Horse Creek (entire stream) 
Jones Creek (entire stream) 
Kentucky Creek (entire stream) 
North Harper Creek (entire stream) 
Roaring Creek (entire stream) 
Rockhouse Creek (entire stream) 
South Harper Creek (entire stream) 
Wilson Creek (Catch and 
Release/Artificial Lures Only 
Regulations apply. See Subparagraph 
(a)(3) of this Rule.) 

(D) Buncombe County: 

Carter Creek (game land portion) 
(Catch and Release/ Artificial Lures 
only regulations apply. See 

Subparagraph (3) of Paragraph (a) of 
this Rule. 

(E) Burke County: 

All waters located on South Mountain 
State Park, except the main stream of 
Jacob Fork between the mouth of 
Shinny Creek and the lower park 



9:18 



NORTH CAROLINA REGISTER 



December 15, 1994 



1467 



PROPOSED RULES 



boundary where delayed harvest 
regulations apply. See Subparagraph 
(5) of Paragraph (a) of this Rule. 

(F) Caldwell County: 

Buffalo Creek (headwaters to lower 

Dahl property line) 

Joe Fork (Watauga County line to 

fells) 

Rockhouse Creek (entire stream) 

(G) Jackson County: 

Gage Creek (entire stream) 
Tanasee Creek (entire stream) 
Whitewater River (downstream from 
Silver Run Creek to South Carolina 
State line) 

Wolf Creek (entire stream, except 
Balsam Lake and Wolf Creek Lake) 

(H) Mitchell County: 

Green Creek (headwaters to Green 

Creek Bridge, except where posted 

against trespass) 

Little Rock Creek (headwaters to 

Green Creek Bridge, except where 

posted against trespass) 

Wiles Creek (game land boundary to 

mouth) 

(I) Transylvania County: 

South — Fefk — M4fe — River — (entire 

stream) 

Whitewater River (downstream from 

Silver Run Creek to South Carolina 

State line) 

(J) Watauga County: 

Watauga River (Avery County line to 
SR 1559) 

Boone Fork (Blue Ridge Parkway 
boundary line to Watauga River) 
[Catch and Release Fly Fishing Only 
regulations apply. See Subparagraph 
(4) of Paragraph (a) of this Rule.] 
Howards Creek (headwaters to 
lower fells) 

Dutch Creek (headwaters to 
second bridge on SR 1134) 

(K) Wilkes County: 

Big Sandy Creek (portion on Stone 

Mountain State Park) 

Garden Creek (portion on Stone 

Mountain State Park) 

Harris Creek and tributaries [portions 

on Stone Mountain State Park) [Catch 

and Release ArtificialLures Only 

regulations apply. See Subparagraph 

(4) of Paragraph (a) of this Rule.] 

Widow Creek (portion on Stone 



Mountain State Park) 
(L) Yancey County: 

Lickskillet Creek (entire stream) 

Middle Creek (game land boundary to 

mouth) 

Rock Creek (game land boundary to 

mouth) 

South Toe River (game land boundary 

downstream to Clear Creek) 

(3) Catch and Release/Artificial Lures Only 
Trout Waters. Those portions of 
designated wild trout waters as listed in 
this Subparagraph, including tributaries 
except as noted, are further classified as 
Catch and Release/ Artificial Lures Only 
waters. Only artificial lures having one 
single hook may be used. No fish may 
be harvested or be in possession while 
fishing these streams: 

(A) Ashe County: 

Big Horse Creek (Virginia State line 

to SR 1361 bridge excluding 

tributaries) 

Three Top Creek (portion located on 

Elk Ridge Three Top Mountain Game 

Land Lands) 

(B) Avery County: 

Wilson Creek (game land portion) 

(C) Buncombe County: 

Carter Creek (game land portion) 

(D) Jackson County: 
Rat Creek 

Tuckasegee River (upstream of Clarke 
property) 

(E) McDowell County: 

Newberry Creek (game land portion) 

(F) Wilkes County: 

Harris Creek (portion on Stone 
Mountain State Park) 

(G) Yancey County: 
Lower Creek 
Upper Creek 

(4) Catch and Release/Artificial Flies Only 
Trout Waters. Those portions of 
designated wild trout waters as listed in 
this Subparagraph, including tributaries 
except as noted, are further classified as 
Catch and Release/Fly Fishing Only 
waters. Only artificial flies having one 
single hook may be used. No fish may 
be harvested or be in possession while 
fishing these streams: 

(A) Avery County: 

Lost Cove Creek (game land portion, 
excluding Gragg Prong and 



1468 



NORTH CAROLINA REGISTER 



December 15, 1994 



9:18 



PROPOSED RULES 



Rockhouse Creek) 

(B) Transylvania County: 

Davidson River (headwaters to Avery 
Creek, excluding Avery Creek, 
Looking Glass Creek and Grogan 
Creek) 

(C) Watauga County: 

Boone Fork (portion between Blue 
Ridge Parkway boundary and the 
Watauga River) 

(D) Yancey County: 

South Toe River (portion from the 
concrete bridge above Black Mountain 
Campgroup downstream to game land 
boundary, excluding Camp Creek and 
Neals Creek) 
(5) Delayed Harvest Trout Waters. Those 
portions of designated Hatchery 
Supported Trout Waters as listed in this 
Subparagraph, excluding tributaries 
except as noted, are further classified as 
Delayed Harvest Waters. Between 1 
March and one-half hour after sunset on 
the Friday before the first Saturday in 
June, inclusive, it is unlawful to possess 
natural bait and only artificial lures 
with one single hook may be used. No 
fish may be harvested or be in 
possession while fishing these streams 
during this time. These waters are 
closed to fishing between one-half hour 
after sunset on the Friday before the 
first Saturday in June and 6:00 a.m. on 
the first Saturday in June. At 6:00 
a.m. on the first Saturday in June these 
streams open for fishing under 
Hatchery Supported Waters regulations: 

(A) Ashe County: 
Trout Lake 

(B) Burke County: 

Jacob Fork (Shinny Creek to lower 
South Mountains State Park boundary) 

(C) Haywood County: 

Richland Creek (Russ Avenue bridge 
to US 19A-23 bridge) 

(D) Henderson County: 

North Fork Mills River (game land 
portion below the Hendersonville 
watershed dam) 

(E) Jackson County: 

Tuckasegee River (NC 107 bridge at 
Love Field Downstream to NC 116 
bridge at Webster) 

(F) Macon County: 

Nantahala River (portion from 



Whiteoak Creek to the Nantahala 
Power and Light power house 
discharge canal) 
(G) Surry County: 

Ararat River (SR 1727 downstream to 
Business US 52 bridge) 
(H) Watauga County: 

Watauga River (SR 1559 bridge at 
Foscoe downstream to NC 105 
bridge) 
(I) Wilkes County: 

East Prong Roaring River (from 
Bullhead Creek downstream to the 
Stone Mountain State Park lower 
boundary) 

Stone Mountain Creek (from falls at 
Allegheny County line to confluence 
with East Prong Roaring River and 
Bullhead Creek in Stone Mountain 
State Park) 
(6) Wild Trout/Natural Bait Waters. Those 
portions of designated Wild Trout 
Waters as listed in this Subparagraph, 
including tributaries except as noted, 
are further classified as Wild 
Trout/Natural Bait Waters. All artifi- 
cial lures and natural baits, except live 
fish, are allowed provided they are 
fished using only one single hook. The 
creel limit, size limit, and open season 
are the same as other Wild Trout Wa- 
ters [see 15A NCAC 10C .0305(a)]. 

(A) Cherokee County: 

Tellico River (Fain Ford to Tennessee 
state line excluding tributaries) 

(B) Clay County: 

Buck Creek (game land portion down- 
stream of US 64 bridge) 

(C) Graham County: 
Deep Creek 

Long Creek (game land portion) 

(D) Jackson County: 

Chattooga River (SR 1100 bridge to 

South Carolina state line) 

(lower) Fowler Creek (game land 

portion) 

Scotsman Creek (game land portion) 

(E) Macon County: 

Chattooga River (SR 1100 bridge to 

South Carolina state line) 

Jarrett Creek (game land portion) 

Kimsey Creek 

Overflow Creek (game land portion) 

Park Creek 

Tellico Creek (game land portion) 



9:18 



NORTH CAROLINA REGISTER 



December 15, 1994 



1469 



PROPOSED RULES 



Turtle Pond Creek (game land por- 
tion) 
(F) Transylvania County: 

North Fork French Broad River 
(game land portions downstream of 
SR 4393 1326 ) 
(b) Fishing in Trout Waters 
( 1 ) Hatchery Supported Trout Waters. It is 
unlawful to take fish of any kind by any 
manner whatsoever from designated 
public mountain trout waters during the 
closed seasons for trout fishing. The 
seasons, size limits, creel limits and 
possession limits apply in all waters, 
whether designated or not, as public 
mountain trout waters. Except in pow- 
er reservoirs and city water supply 
reservoirs so designated, it is unlawful 
to fish in designated public mountain 
trout waters with more than one line. 
Night fishing is not allowed in most 
hatchery supported trout waters on 
game lands [see 15A NCAC 10D 
.0004(b)(1)]. 



(2) 



(A) 

(B) 

(C) 
(D) 



(E) 



Statutory 
113-292. 



Wild Trout Waters. Except as other- 
wise provided in Subparagraphs (3), 
(4), and (6) of Paragraph (a) of this 
Rule, the following rules apply to fish- 
ing in wild trout waters. 
Open Season. There is a year round 
open season for the licensed taking of 
trout. 

Creel Limit. The daily creel limit is 
four trout. 

Size Limit. The minimum size limit 
is seven inches. 

Manner of Taking. Only artificial 
lures having only one single hook 
may be used. No person shall possess 
natural bait while fishing wild trout 
waters except those waters listed in 
15A NCAC IOC .0205(a)(6). 
Night Fishing. Fishing on wild trout 
waters is not allowed between 
one-half hour after sunset and 
one-half hour before sunrise. 

Authority G.S. 113-134; 113-272; 



SECTION .0300 - GAME FISH 

.0305 OPEN SEASONS: CREEL AND SIZE LIMITS 

(a) Generally. Subject to the exceptions listed in Paragraph (b) of this Rule, the open seasons and creel and 
size limits are as indicated in the following table: 



GAME FISHES 

Mountain Trout: 
Wild Trout 
Waters 

Hatchery Sup- 
ported Trout 
Waters and 
undesignated 
waters 

Muskellunge and 
Tiger Musky 

Chain Pickerel 
(Jack) 



Walleye 
Sauger 



DAILY CREEL 


MINIMUM 




LIMITS 


SIZE LIMITS 


OPEN SEASON 


4 


7 in. 


ALL YEAR 
(exc. 2) 






7 


None 


All year, except 
March 1 to 6:00 a.m 
on first Saturday 
in April 
(exes. 2 &r-i) 


2 


30 in. 


ALL YEAR 


None 


None 


ALL YEAR 


8 


None 


ALL YEAR 


(exes. 9 & 10) 


(exc. 9) 




8 


15 in. 


ALL YEAR 



1470 



NORTH CAROLINA REGISTER 



December 15, 1994 



9:18 



PROPOSED RULES 



Black Bass: 
Largemouth 



Smallmouth 
and Spotted 

White Bass 

Sea Trout (Spotted 
or Speckled) 

Flounder 

Red drum (channel 
bass, red fish, 
puppy drum) 

Striped Bass 
and their hybrids 
(Morone Hybrids) 

Kokanee Salmon 

Panfishes 



NONGAME FISHES 



5 

(exc. 10) 


(exes 


14 in. 
. 4, 8 & 


11) 


ALL YEAR 


5 
(exc. 10) 


(exes 


12 in. 
. 4, 8 & 11) 


ALL YEAR 


25 




None 




ALL YEAR 


NefieH) 




12 in. 




ALL YEAR 


None 




13 in. 




ALL YEAR 


5 




18 in. 




ALL YEAR 



8 aggregate 
(exes. 1 & 6) 



None 
(exes. 5, 13, & 18) 

None 
(exc. 16) 



16 in. 
(exes. 1, 6 & 12) 



None 

None 
(exc. 13) 

None 
(exc. 16) 



ALL YEAR 
(exes. 6, 15, & 17) 



ALL YEAR 

ALL YEAR 

(exc. 5) 

ALL YEAR 

(exc. 7) 



(b) Exceptions 

(1) In the Dan River upstream from its confluence with Bannister River to the Brantly Steam Plant 
Dam, and in John H. Kerr, Gaston, and Roanoke Rapids Reservoirs, and Lake Norman, the creel 
limit on striped bass and Morone hybrids is four in the aggregate and the minimum size limit is 
20 inches. 

(2) In designated public mountain trout waters the season for taking all species of fish is the same as 
the trout fishing season. There is no closed season on taking trout from Nantahala River and all 
tributaries (excluding impoundments) upstream from Nantahala Lake, and the impounded waters 
of power reservoirs and municipally-owned water supply reservoirs open to the public for fishing. 

{3) Under an agreement with Tennessee, the minimum size limit on trout in Caldcrwood Reservoir is 

seven inches. 

(3) {4)Bass taken from Calderwood Reservoir may be retained without restriction as to size limit. 

(4) {5)On Mattamuskeet Lake, special federal regulations apply. 

(5) {6)In the inland fishing waters of Cape Fear, Neuse, Pee-Dee, Pungo and Tar-Pamlico rivers and 
their tributaries and the Roanoke River and its tributaries, including the Cashie, Middle, and 
Eastmost rivers, extending upstream to the first impoundment, the daily creel limit for striped bass 
and their hybrids is three fish and the minimum length limit is 18 inches. In the Roanoke River 
and its tributaries, including the Cashie, Middle, and Eastmost rivers-from April 1 to May 31 no 
fish between the lengths of 22 inches and 27 inches may be retained. 

(6) {7)See 15A NCAC IOC .0407 for open seasons for taking nongame fishes by special devices. 

(7) (8)The maximum combined number of black bass of all species that may be retained per day is five 
fish, no more than two of which may be smaller than the applicable minimum size limit. The 
minimum size limit for all species of black bass is 14 inches, with no exception in Lake Luke 
Marion in Moore County, in Reedy Creek Park lakes in Mecklenburg County, in Lake Mackintosh 
in Alamance and Guilford counties, in Lake Rim in Cumberland County, in Currituck Sound and 



9:18 



NORTH CAROLINA REGISTER 



December 15, 1994 



1471 



PROPOSED RULES 



tributaries north of Wright Memorial Bridge, in North River and tributaries in Currituck and 
Camden Counties north of a line between Camden Point and the end of SR 1124, in High Rock 
Lake downstream of 1-85, in Badin Lake, in Falls Lake, in Lake Tillery, and in Blewett Falls Lake. 
In and west of Madison, Buncombe, Henderson and Polk Counties and in designated public 
mountain trout waters the minimum size limit is 12 inches. In B. Everett Jordan Reservoir and 
Kernersville Lake a minimum size limit of 16 inches, with no exception, applies to largemouth 
bass. In Falls of Neuse Reservoir, east of SR 1004, and Sutton Lake and Tuckertown Lake no 
black bass between the lengths of 12 inches and 16 inches may be retained, and the minimum size 
limit for black bass is 16 inches, except that the daily creel may contain two black bass of less than 
12 inches in length. In W. Kerr Scott Reservoir there is no minimum size limit for spotted bass. 

(8) {9)A minimum size limit of 15 inches applies to walleye taken from Lake James and its tributaries, 
and the daily creel limit for walleye is four fish in Linville River upstream from the NC 126 bridge 
above Lake James. 

(9) {40)The creel limit for black bass and walleye taken from Calderwood Reservoir is 10. 

(10) ^44)The minimum size limit for all black bass, with no exception, is 18 inches in the following 
trophy bass lakes: 

(A) Cane Creek Lake in Union County; and 

(B) Lake Thom-A-Lex in Davidson County. 

(11) {4-2-)In all impounded inland waters and their tributaries, except those waters described in 
Exceptions (1), the daily creel limit of striped bass and their hybrids may include not more than 
two fish of smaller size than the minimum size limit. 

(12) fl-3)In Lake Tillery, Falls Lake, High Rock Lake, Badin Lake, Tuckertown Lake, Lake Hyco, and 
Cane Creek Lake a daily creel limit of 20 fish and a minimum size limit of 8 inches apply to 
crappie. 

f44) In Slick Rock Creek the minimum size is 7 inches for brook trout and 10 inches for brown and 

rainbow trout. 

(13) {4-5)In designated inland fishing waters of Roanoke Sound, Croatan Sound, Albemarle Sound, 
Chowan River, Currituck Sound, Alligator River, Scuppernong River, and their tributaries 
(excluding the Roanoke River and Cashie River and their tributaries), striped bass fishing season, 
size limits and creel limits shall be the same as those established by duly adopted rules or 
proclamations of the Marine Fisheries Commission in adjacent joint or coastal fishing waters. 

(14) {+6)The daily creel and length limits for channel, white, and blue catfish in designated urban lakes 
are provided for in 15A NCAC 10C .0401(d). 

(15) {4^The Executive Director may, by proclamation, suspend or extend the hook-and-line season for 
striped bass in the inland and joint waters of coastal rivers and their tributaries. It is unlawful to 
violate the provisions of any proclamation issued under this authority. 

(16) f±£)In the entire Lumber River from the Camp MacKall bridge (SR 1225, at the point where 
Richmond, Moore, Scotland and Hoke Counties join) to the South Carolina state line and in all 
public fishing waters east of 1-95, except Tar River Reservoir in Nash County, and in all of the 
Lumber River the daily creel limit for all sunfish, except block bas s and crappie, the daily bag limit 
for sunfish is 30 in aggregate, no more than 12 of which may be redbreast sunfish. 



Statutory Authority G.S. 113-134; 113-292; 113-304; 113-305. 



SECTION .0400 - NONGAME FISH 

.0401 MANNER OF TAKING NONGAME 
FISHES: PURCHASE AND SALE 

(a) Except as permitted by the rules in this 
Section, it is unlawful to take nongame fishes from 
the inland fishing waters of North Carolina in any 
manner other than with hook and line or 
grabbling. Nongame fishes may be taken by hook 
and line or grabbling at any time without 
restriction as to size limits or creel limits, except 



that no trotlines or set-hooks may be used in the 
impounded waters located on the Sandhills Game 
Land or in designated public mountain trout 
waters, and in Lake Waccamaw, trotlines or set- 
hooks may be used only from October 1 through 
April 30. The season for taking nongame fishes 
by other hook and line methods in designated 
public mountain trout waters shall be the same as 
the trout fishing season. 

(b) Nongame fishes taken by hook and line, 
grabbling or by licensed special devices may be 



1472 



NORTH CAROLINA REGISTER 



December 15, 1994 



9:18 



PROPOSED RULES 



sold. 

(c) Freshwater mussels may only be taken from 
impounded waters, except mussels shall not be 
taken in Lake Waccamaw and in University Lake 
in Orange County. 

(d) In the Urban Lakes listed below it is 
unlawful to take channel, white or blue catfish 
(forked tail catfish) by means other than hook and 
line; the daily creel limit for forked tail catfish is 
six fish in aggregate and the minimum length limit 
is 12 inches: 

Cedar Rock Pond, Alamance County 

Bur-Mil Park Pond, Guilford County 

Oka T. Hester Pond, Guilford County 

Lake Luke Marion, Moore County 

Lake Crabtree, Wake County 

Shelley Lake, Wake County 

Freedom Park Pond, Mecklenburg 

County 

Hornet's Nest Ponds, Mecklenburg 

County 

Campus Hills Pond, Durham County 

Twin Lake Pond s , Durham County 

Rocky Mount City Lake, Na s h County 

San-Lee Park Ponds. Lee County 

Winston Pond, Forsyth County 

Lake Toisnot, Wilson County 

Lake Rim, Cumberland County 



Statutory Authority G. S. 
113-292. 



113-134; 113-272; 



.0402 TAKING BAIT FISHES AND 
FISH BAIT 

(a) It is unlawful to take bait fishes in the inland 
waters of North Carolina using equipment other 
than: 

(1) a net of dip net design not greater than 
six feet across; 

(2) a seine of not greater than 12 feet in 
length (except in Lake Waccamaw 
where there is no length limitation) and 
with a bar mesh measure of not more 
than one-fourth inch; 

(3) a cast net; 

(4) minnow traps not exceeding 12 inches 
in diameter and 24 inches in length, 
with funnel openings not exceeding one 
inch in diameter, and which are under 
the immediate control and attendance of 
the individual operating them. 

(b) It is unlawful to sell nongame fishes or 
aquatic animals taken under this subsection. 

(c) Game fishes and their young taken while 
netting for bait shall be immediately returned 



unharmed to the water. No person shall take more 
than 200 bait fish from inland fishing waters 
during one day. It is unlawful to take bait fishes 
or fish bait from designated public mountain trout 
waters and: 

(1) Chatham County: 
Deep River 
Rocky River 
Bear Creek 

(2) Lee County: 
Deep River 

(3) Moore County: 
Deep River 

(4) Randolph County: 

Deep River below the Coleridge Dam 

Fork Creek. 
(d) It is unlawful to possess or sell eels less than 
six inches in length taken from the inland fishing 
waters of North Carolina. 

Statutory Authority G.S. 113-134; 113-135; 
113-272; 113-272.3; 113-292. 

SUBCHAPTER 10D - GAME 
LANDS REGULATIONS 

.0004 FISHING ON GAME LANDS 

(a) Generally. Except as otherwise indicated 
herein, fishing on game lands which are open to 
fishing shall be in accordance with the statewide 
regulations. All game lands are open to public 
fishing except restocked ponds on the New Hope 
Game Land when posted against fishing, Hunting 
Creek Swamp Waterfowl Refuge, Grogan Creek in 
Transylvania County, and in the case of private 
ponds where fishing may be prohibited by the 
owners thereof. No trotline or set-hook or any net, 
trap, gig, bow and arrow or other special fishing 
device of a type mentioned in 15A NCAC 10C 
.0403 may be used in any of the impounded waters 
located on the Sandhills Game Land. The game 
lands license is required to fish on designated 
public mountain trout waters on game lands. 

(b) Designated Public Mountain Trout Waters 
(1) Fishing Hours. It is unlawful to fish in 

designated public mountain trout waters 
on any game land from one-half hour 
after sunset to one-half hour before 
sunrise, except in Hatchery Supported 
Trout waters as stated in 15A NCAC 
IPC .0305(a), Delayed Harvest waters 
as stated m I5A NCAC IPC 
.0205(a)(5) and that night fishing is 
permitted in the game lands sections of 
the Nantahala River located 



9:18 



NORTH CAROLINA REGISTER 



December 15, 1994 



1473 



PROPOSED RULES 



(2) 



downstream from the Swain County 
line. 

Location. All waters located on the 
game lands listed in this Subparagraph 
are designated public mountain trout 
waters except Cherokee Lake, Grogan 
Creek, and Big Laurel Creek down- 
stream from the US 25-70 bridge to the 
French Broad River, Pigeon River 
downstream of Waterville Reservoir to 
Tennessee line, Nolichucky River, and 
Mill Ridge Pond and Cheoah River 
downstream of Santeetlah Reservoir. 
Elk Ridge Game Land, Ashe County 
Nantahala National Forest Game Lands 
in the Counties of Cherokee, Clay, 
Graham, Jackson, Macon, Swain and 
Transylvania 

Pisgah National Forest Game Lands in 
the Counties of Avery, Buncombe, 
Burke, Caldwell, Haywood, Henderson, 
Madison, McDowell, Mitchell, 
Transylvania and Yancey 



(3) 



South Mountains Game Land in Burke 
County 

Thurmond Chatham Game Land in 
Wilkes County 

Toxaway Game Land in Transylvania 
County 

All designated public mountain trout 
waters located on the game lands listed 
in Subparagraph (b)(2) of this Rule are 
wild trout waters unless classified oth- 
erwise. [See 15A NCAC IOC 
.0205(a)(1)]. 



Statutory Authority G.S. 
113-272; 113-292; 113-305. 



113-134; 113-264, 



****************** 



ISotice is hereby given in accordance with G.S. 150B-21.2 that the North Carolina Wildlife Resources 
Commission intends to amend rules cited as 15 A NCAC IOC .0305 and .0401. 

1 he proposed effective date of this action is June 1 , 1995. 

1 he public hearing will be conducted at 9:00a.m. on January 13, 1995 at the Archdale Building, Room 332, 
512 N. Salisbury Street, Raleigh, NC. 

iXeason for Proposed Action: To close season on blackfish (bowfin) in certain waters to prevent sale and 
consumption of mercury contaminated fish. 

i^omment Procedures: Interested persons may present their views either orally or in writing at the hearing. 
In addition, the record of hearing will be open for receipt of written comments from December 15, 1994 
through January 17, 1995. Such written comments must be delivered or mailed to the N. C. Wildlife Resources 
Commission, 512 N. Salisbury Street, Raleigh, NC 27604-1188. 

tLditor's Note: These Rules were filed as Temporary Amendments effective December 1, 1994 for a period 
of 180 days or until the permanent rules become effective, whichever is sooner. 

SUBCHAPTER IOC - INLAND FISHING 
REGULATIONS 

SECTION .0300 - GAME FISH 

.0305 OPEN SEASONS: CREEL AND SIZE LIMITS 



1474 



NORTH CAROLINA REGISTER 



December 15, 1994 



9:18 



PROPOSED RULES 



(a) Generally. Subject to the exceptions listed in Paragraph (b) of this Rule, the open seasons and creel and 
ize limits are as indicated in the following table: 



;ame fishes 

/fountain Trout: 
Wild Trout 
Waters 

Hatchery Sup- 
ported Trout 
Waters and 
undesignated 
waters 



Vluskellunge and 
Tiger Musky 

'.hain Pickerel 
(Jack) 

Walleye 



Sauger 

Black Bass: 
Largemouth 



Smallmouth 
and Spotted 

White Bass 

Sea Trout (Spotted 
or Speckled) 

Flounder 



DAILY CREEL 


MINIMUM 


LIMITS 


SIZE LIMITS 


4 


7 in. 




(exc. 14) 



None 



None 

8 
(exes. 9 & 10) 

8 

5 
(exc. 10) 

5 
(exc. 10) 

25 

None 

None 



30 in. 



None 



None 
(exc. 9) 

15 in. 





14 


in. 




(exes 


4, 


8 & 


11) 




12 


in. 




(exes 


4, 


8 & 11) 




None 






12 


in. 






13 


in. 






18 


in. 





OPEN SEASON 



ALL YEAR 

(exc. 2) 

All year, except 
March 1 to 6:00 a.m. 
on first Saturday 
in April 
(exes. 2 & 3) 

ALL YEAR 



ALL YEAR 

ALL YEAR 

ALL YEAR 

ALL YEAR 

ALL YEAR 

ALL YEAR 
ALL YEAR 

ALL YEAR 



Red drum (channel 


5 


18 in. 


ALL YEAR 


bass, red fish, 








puppy drum) 








Striped Bass 


8 aggregate 


16 in. 


ALL YEAR 


and their hybrids 


(exes. 1 & 6) 


(exes. 1, 6 & 12) 


(exes. 6, 15, & 17) 


(Morone Hybrids) 








Kokanee Salmon 


7 


None 


ALL YEAR 


Panfishes 


None 


None 


ALL YEAR 




(exes. 5, 13, & 18) 


(exc. 13) 


(exc. 5) 


NONGAME FISHES 


None 


None 


ALL YEAR 



9:18 



NORTH CAROLINA REGISTER 



December 15, 1994 



1475 



PROPOSED RULES 



(exc. 16) (exc. 16) (exc. 7 & 19) 

(b) Exceptions 

(1) In the Dan River upstream from its confluence with Bannister River to the Brantly Steam Plant 
Dam, and in John H. Kerr, Gaston, and Roanoke Rapids Reservoirs, and Lake Norman, the creel 
limit on striped bass and Morone hybrids is four in the aggregate and the minimum size limit is 
20 inches. 

(2) In designated public mountain trout waters the season for taking all species of fish is the same as 
the trout fishing season. There is no closed season on taking trout from Nantahala River and all 
tributaries (excluding impoundments) upstream from Nantahala Lake, and the impounded waters 
of power reservoirs and municipally-owned water supply reservoirs open to the public for fishing. 

(3) Under an agreement with Tennessee, the minimum size limit on trout in Calderwood Reservoir is 
seven inches. 

(4) Bass taken from Calderwood Reservoir may be retained without restriction as to size limit. 

(5) On Mattamuskeet Lake, special federal regulations apply. 

(6) In the inland fishing waters of Cape Fear, Neuse, Pee-Dee, Pungo and Tar-Pamlico rivers and their 
tributaries and the Roanoke River and its tributaries, including the Cashie, Middle, and Eastmost 
rivers, extending upstream to the first impoundment, the daily creel limit for striped bass and their 
hybrids is three fish and the minimum length limit is 18 inches. In the Roanoke River and its 
tributaries, including the Cashie, Middle, and Eastmost rivers-from April 1 to May 31 no fish 
between the lengths of 22 inches and 27 inches may be retained. 

(7) See 15A NCAC IOC .0407 for open seasons for taking nongame fishes by special devices. 

(8) The maximum combined number of black bass of all species that may be retained per day is five 
fish, no more than two of which may be smaller than the applicable minimum size limit. The 
minimum size limit for all species of black bass is 14 inches, with no exception in Lake Luke 
Marion in Moore County, in Reedy Creek Park lakes in Mecklenburg County, in Lake Mackintosh 
in Alamance and Guilford counties, in Lake Rim in Cumberland County, in Currituck Sound and 
tributaries north of Wright Memorial Bridge, in North River and tributaries in Currituck and 
Camden Counties north of a line between Camden Point and the end of SR 1124, in High Rock 
Lake downstream of 1-85, in Badin Lake, in Falls Lake, in Lake Tillery, and in Blewett Falls Lake. 
In and west of Madison, Buncombe, Henderson and Polk Counties and in designated public 
mountain trout waters the minimum size limit is 12 inches. In B. Everett Jordan Reservoir a 
minimum size limit of 16 inches, with no exception, applies to largemouth bass. In Falls of Neuse 
Reservoir, east of SR 1004, and Sutton Lake and Tuckertown Lake no black bass between the 
lengths of 12 inches and 16 inches may be retained, and the minimum size limit for black bass is 
16 inches, except that the daily creel may contain two black bass of less than 12 inches in length. 
In W. Kerr Scott Reservoir there is no minimum size limit for spotted bass. 

(9) A minimum size limit of 15 inches applies to walleye taken from Lake James and its tributaries, 
and the daily creel limit for walleye is four fish in Linville River upstream from the NC 126 bridge 
above Lake James. 

(10) The creel limit for black bass and walleye taken from Calderwood Reservoir is 10. 

(11) The minimum size limit for all black bass, with no exception, is 18 inches in the following trophy 
bass lakes: 

(A) Cane Creek Lake in Union County; and 

(B) Lake Thom-A-Lex in Davidson County. 

(12) In all impounded inland waters and their tributaries, except those waters described in Exceptions 
(1), the daily creel limit of striped bass and their hybrids may include not more than two fish of 
smaller size than the minimum size limit. 

(13) In Lake Tillery, Falls Lake, High Rock Lake, Badin Lake, Tuckertown Lake, Lake Hyco, and 
Cane Creek Lake a daily creel limit of 20 fish and a minimum size limit of 8 inches apply to 
crappie. 

(14) In Slick Rock Creek the minimum size is 7 inches for brook trout and 10 inches for brown and 
rainbow trout. 

(15) In designated inland fishing waters of Roanoke Sound, Croatan Sound, Albemarle Sound, Chowan 
River, Currituck Sound, Alligator River, Scuppernong River, and their tributaries (excluding the 



1476 NORTH CAROLINA REGISTER December 15, 1994 9:18 



PROPOSED RULES 



Roanoke River and Cashie River and their tributaries), striped bass fishing season, size limits and 
creel limits shall be the same as those established by duly adopted rules or proclamations of the 
Marine Fisheries Commission in adjacent joint or coastal fishing waters. 

(16) The daily creel and length limits for channel, white, and blue catfish in designated urban lakes are 
provided for in 15A NCAC IOC .0401(d). 

(17) The Executive Director may, by proclamation, suspend or extend the hook-and-line season for 
striped bass in the inland and joint waters of coastal rivers and their tributaries. It is unlawful to 
violate the provisions of any proclamation issued under this authority. 

(18) In all public fishing waters east of 1-95, except Tar River Reservoir in Nash County, and in all of 
the Lumber River the daily creel limit for all sunfish, except black bass and crappie, is 30 in 
aggregate, no more than 12 of which may be redbreast sunfish. 

(19) It is unlawful to possess bowfin taken from the Lumber River and its tributaries. 



Statutory Authority G.S. 113-134; 113-292; 113-304; 113-305. 



SECTION .0400 - NONGAME FISH 

.0401 MANNER OF TAKING NONGAME 
FISHES: PURCHASE AND SALE 

(a) Except as permitted by the rules in this 
Section, it is unlawful to take nongame fishes from 
the inland fishing waters of North Carolina in any 
manner other than with hook and line or 
grabbling. Nongame fishes may be taken by hook 
and line or grabbling at any time without restric- 
tion as to size limits or creel limits, except that no 
trotlines or set-hooks may be used in the impound- 
ed waters located on the Sandhills Game Land or 
in designated public mountain trout waters, and in 
Lake Waccamaw, trotlines or set-hooks may be 
used only from October 1 through April 30. The 
season for taking nongame fishes by other hook 
and line methods in designated public mountain 
trout waters shall be the same as the trout fishing 
season. 

(b) Nongame fishes taken by hook and line, 
grabbling or by licensed special devices may be 
soldi except that bowfin taken from the Lumber 
River and its tributaries may not be sold or pos- 
sessed . 

(c) Freshwater mussels may only be taken from 
impounded waters, except mussels shall not be 
taken in Lake Waccamaw and in University Lake 
in Orange County. 

(d) In the Urban Lakes listed below it is unlaw- 
ful to take channel, white or blue catfish (forked 
tail catfish) by means other than hook and line; the 
daily creel limit for forked tail catfish is six fish in 
aggregate and the minimum length limit is 12 
inches: 

Cedar Rock Pond, Alamance County 
Bur-Mil Park Pond, Guilford County 
Oka T. Hester Pond, Guilford County 
Lake Luke Marion, Moore County 
Lake Crabtree, Wake County 



Shelley Lake, Wake County 
Freedom Park Pond, Mecklenburg County 
Hornet's Nest Ponds, Mecklenburg County 
Campus Hills Pond, Durham County 
Twin Lake Ponds, Durham County 
Rocky Mount City Lake, Nash County 

Statutory Authority G.S. 113-134; 113-272; 
113-292. 

iSotice is hereby given in accordance with G.S. 
150B-21.2 that the North Carolina Wildlife Re- 
sources Commission intends to amend rule cited as 
15 A NCAC 1 OF .0330. 

1 he proposed effective date of this action is 
March 1, 1995. 

1 he public hearing will be conducted at 10:00 
a.m. on January 13, 1995 at the Archdale Build- 
ing, 3rd Floor Conference Room, 512 N. Salisbury 
Street, Raleigh, NC 27604-1188. 

MXeason for Proposed Action: To establish a 
restricted speed zone on a designated body of 
water in Carteret County. 

(comment Procedures: Interested persons may 
present their views either orally or in writing at 
the hearing. In addition, the record of hearing 
will be open for receipt of written comments from 
December 15, 1994 through January 17, 1995. 
Such written comments must be delivered or mailed 
to the N. C. Wildlife Resources Commission, 512 
N. Salisbury Street, Raleigh, NC 27604-1188. 



9:18 



NORTH CAROLINA REGISTER 



December 15, 1994 



1477 



PROPOSED RULES 



(2) 



(3) 



(4. 



SUBCHAPTER 10F - MOTORBOATS 
AND WATER SAFETY 

SECTION .0300 - LOCAL WATER 
SAFETY REGULATIONS 

.0330 CARTERET COUNTY 

(a) Regulated Areas. This Rule applies to the 
following waters in Carteret County: 

(1) the waters of Money Island Slough 
beginning at the east end of Money 
Island near the Anchorage Marina Basin 
and ending at the west end of Money 
Island where Brooks Avenue deadends 
at the slough; 

the waters of Taylor Creek located 
within the territorial limits of the Town 
of Beaufort; 

the waters of Pelletier Creek beginning 
at the entrance to Pelletier Creek at the 
Intracoastal Waterway and ending at 
U.S. Highway 70; 

the waters of Bogue Sound in Morehead 
City between Sugar Loaf Island and the 
seawall on the south side of Evans, 
Shepard and Shackleford Streets and 
bounded on the east by the State Ports 
Authority and on the west by the east- 
ern right-of-way margin of South 13th 
Street extended; 

the waters of Gallant's Channel from 
the US 70 crossing over the Grayden 
Paul bridge to Taylor's Creek; 
the waters of Cedar Island Bay and 
Harbor from U.S. 70 to Cedar Island 
Bay Channel Light 8; 
the waters of Radio Island Creek; 
the waters of the Newport River begin- 
ning at the north side of the Beaufort 
Drawbridge and ending at marker #6; 
the waters of Spooners Creek beginning 
100 feet south of the bulkhead area in 
the entrance to Spooners Creek and 
extending approximately 500 feet up 
Spooners Creek to a point on the north 
side of the first fork to the east as 
indicated by the appropriate markers^ 
the waters of Taylor's Creek from the 
eastern end of the current no wake zone 
eastward to Channel Marker #1 A; 

'11) the waters of Bogue Sound from the 
east side of Channel Bay Mobile Home 
Park running westerly to the west side 
of North Shore Mobile Home Park 
extending approximately 55 yards from 



.5 1 



(6) 



(7) 

(8, 



(9) 



(10) 



the shore. 

(b) Speed Limit. It is unlawful to operate a 
motorboat or vessel at a speed greater than 
no-wake speed while on the waters of the regulated 
areas designated in Paragraph (a) of this Rule. 

(c) Placement and Maintenance of Markers. 
The Board of Commissioners of Carteret County, 
with respect to the regulated areas designated in 
Subparagraphs (1), (3), (5), (6), (7), (8) and (9) of 
Paragraph (a) of this Rule, and the Board of 
Commissioners of the Town of Beaufort, with 
respect to the regulated area designated in 
Subparagraph (2) of Paragraph (a) of this Rule, 
and the Board of Commissioners of Morehead 
City, with respect to Subparagraph (4) of 
Paragraph (a) of this Rule, are designated as 
suitable agencies for placement and maintenance of 
the markers implementing this Rule, subject to the 
approval of the United States Coast Guard and the 
United States Army Corps of Engineers. 

Statutory Authority G.S. 75A-3; 75A-15. 

TITLE 19A - DEPARTMENT 
OF TRANSPORTATION 

JSotice is hereby given in accordance with C.S. 
150B-21.2 that the North Carolina Department of 
Transportation intends to amend rule cited as 19A 
NCAC05B .0101. 

1 he proposed effective date of this action is April 
1, 1995. 

Instructions on How to Demand a Public Hearing 
(must be requested in writing within 15 days of 
notice): A demand for a public hearing must be 
made in writing and mailed to Emily Lee, Depart- 
ment of Transportation , P.O. Box 25201, Raleigh, 
NC 27611. The demand must be received within 
15 days of this Notice. 

Mxeason for Proposed Action: Amendment clari- 
fies procedures under which DOT Fiscal Section 
operates. 

(comment Procedures: Any interested person 
may submit written comments on the proposed ride 
by mailing the comments to Emily Lee, Department 
of Transportation, P.O. Box 25201, Raleigh, NC 
27611, within 30 days after the proposed rule is 
published or until the date of any public hearing 



1478 



NORTH CAROLINA REGISTER 



December 15, 1994 



9:18 



PROPOSED RULES 



eld on the proposed rule, whichever is longer. 

CHAPTER 5 - DIRECTOR 
OF ADMINISTRATION 

SUBCHAPTER 5B - FISCAL 

SECTION .0100 - ADMINISTRATION 



0101 FISCAL SECTION 
OPERATIONS 

The fiscal section operates under the Executive 
budget Acti and the Budget Manual of the Office 
>f State Budget and Management (OSBM)^ and the 
Administrative Policies and Procedures Manual of 



he Office of State Controller (OSC) . These 
uidelines and any subsequent amendments or 
sditions of the same are incorporated herein by 
•eference pursuant to G.S. 150B-21.6 as rules of 
he North Carolina Department of Transportation, 
rhe rules filed by OSBM and OSC control the 
Dperations of the fiscal section, except to the 
extent that the following rules within this Subchap- 
ter supplement those rules. Copies of the manual 
manuals or excerpts may be obtained from the 



Assistant Secretary for Director of Administration 
at no cost. 

Statutory Authority G.S. 143-1; 143-28; 143B-10; 
143B-348; 143B-426. 35-39. 



9:18 NORTH CAROLINA REGISTER December 15, 1994 1479 



LIST OF RULES CODIFIED 



1 he List of Rules Codified 


is a listing of rules that were filed with OAH in the month indicated. 


K.ey: 






Citation 


= 


Title, Chapter, Subchapter and Rule(s) 


AD 


= 


Adopt 


AM 


= 


Amend 


RP 


= 


Repeal 


With Chgs 


= 


Final text differs from proposed text 


Corr 


= 


Typographical errors or changes that requires no rulemaking 


Effi Date 


= 


Date rule becomes effective 


Temp. Expires 




Rule was filed as a temporary rule and expires on this date or 180 days 



NORTH CAROLINA ADMINISTRATIVE CODE 
NOVEMBER 94 



[TLE 


DEPARTMENT 


1 


Administration 


10 


Human Resources 


11 


Insurance 


13 


Labor 


15A 


Environment, Health, and 




Natural Resources 


17 


Revenue 


18 


Secretary of State 


19A 


Transportation 



TITLE DEPARTMENT 

21 Occupational Licensing Boards 

6 - Barber Examiners 

16 - Dental Examiners 

26 - Landscape Architects 

36 - Nursing 

40 - Opticians 

56 - Professional Engineers and Land Surveyors 
23 Community Colleges 

25 State Personnel 



Citation 



AD 



AM 



RP 



With 
Chgs 



Corr 



Eff. 
Date 



Temp. 
Expires 



NCAC 35 



.0101 



/ 



/ 



12/01/94 



.0103 



/ 



/ 



12/01/94 



.0202 - .0203 



/ 



/ 



12/01/94 



.0205 



/ 



/ 



12/01/94 



.0302 



/ 



12/01/94 



.0305 



/ 



/ 



12/01/94 



.0306 - .0307 



/ 



12/01/94 



10 



NCAC 3R .0305 



/ 



/ 



12/01/94 



14K .0314 -.0315 



/ 



/ 



12/01/94 



42R .0201 



/ 



/ 



12/01/94 



49C .0101 



/ 



11/07/94 



180 DAYS 



1480 



NORTH CAROLINA REGISTER 



December 15, 1994 



9:18 



LIST OF RULES CODIFIED 










Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Eff. 
Date 


Temp. 
Expires 


10 NCAC 49C .0101 




/ 








01/01/95 


180 DAYS 


.0102 




/ 








11/07/94 


180 DAYS 


.0102 




/ 








01/01/95 


180 DAYS 


.0104 




/ 








11/07/94 


180 DAYS 


.0104 




/ 








01/01/95 


180 DAYS 


.0105 




/ 








11/07/94 


180 DAYS 


.0105 




/ 








01/01/95 


180 DAYS 


.0106 




/ 








11/07/94 


180 DAYS 


.0106 




/ 








01/01/95 


180 DAYS 


.0201 




/ 








01/01/95 


180 DAYS 


.0301 - .0302 




/ 








01/01/95 


180 DAYS 


.0303 


/ 










11/07/94 


180 DAYS 


.0401 






/ 






11/07/94 


180 DAYS 


11 NCAC 1 .0201 




/ 








12/01/94 




.0403 




/ 




/ 




12/01/94 




.0431 






/ 






12/01/94 




2 .0101 






/ 






12/01/94 




4 .0100 










/ 






.0417 - .0419 










/ 






.0421 - .0423 










/ 






10 .0313 


/ 










12/01/94 




HE .0303 






/ 






01/01/95 




11F .0301 


/ 










12/01/94 




.0302 - .0304 


/ 






/ 




12/01/94 




.0305 


/ 










12/01/94 




.0306 


/ 






/ 




12/01/94 




.0307 - .0308 


/ 










12/01/94 




12 .1023 


/ 










12/01/94 




.1024 


/ 






/ 




12/01/94 




15 .0006 - .0007 




/ 




/ 




12/01/94 




16 .0300 










/ 






13 NCAC 7F .0201 




/ 








02/06/95 




.0501 




/ 








01/01/95 







9:18 



NORTH CAROLINA REGISTER 



December 15, 1994 



1481 



LIST OF RULES CODIFIED 










Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Eff. 
Date 


Temp. 
Expires 


15A NCAC 2D .1302 










/ 






2H .0903 - .0910 










/ 






.0912 










/ 






.0914- .0915 










/ 






2K .0501 - .0504 


/ 






/ 




12/01/94 




10B .0203 




/ 




/ 




12/01/94 




IOC .0305 




/ 








12/01/94 


180 DAYS 


.0401 




/ 








12/01/94 


180 DAYS 


10F .0310 -.0311 




/ 








12/01/94 




.0323 




/ 








12/01/94 




.0365 




/ 








12/01/94 




19C .0601 - .0603 




/ 








11/08/94 


180 DAYS 


.0605 - .0607 




/ 








11/08/94 


180 DAYS 


.0609 - .0610 


/ 










11/08/94 


180 DAYS 


17 NCAC 5C .0805 




/ 








12/01/94 




7B .3401 




/ 








12/01/94 




.3403 




/ 








12/01/94 




.3404 






/ 






12/01/94 




18 NCAC 6 .1510 


/ 










12/01/94 




19A NCAC 2C .0108 




/ 








12/01/94 




2D .0801 




/ 




/ 




12/01/94 




.0816 




/ 




/ 




12/01/94 




2E .0222 




/ 








12/01/94 




3C .0420 




/ 








12/01/94 




.0430 




/ 








12/01/94 




21 NCAC 6F .0001 




/ 




/ 




12/01/94 




.0014 




/ 








12/01/94 




6J .0002 




/ 




/ 




12/01/94 




6K .0003 




/ 




/ 




12/01/94 




6L .0002 




/ 




/ 




12/01/94 




6M .0002 




/ 








12/01/94 




16M .0001 




/ 




/ 




12/01/94 




26 .0105 




/ 




/ 




01/01/95 






1482 NORTH CAROLINj 


1 REGI 


STER 




L 


tecembe 


r 15, 1994 


9:18 



LIST OF RULES CODIFIED 





Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Eff. 
Date 


Temp. 
Expires 


21 NCAC 36 .0226 




/ 




/ 




12/01/94 




40 .0319 




/ 




/ 




12/01/94 




56 .1701 -.1707 


/ 






/ 




12/01/94 




.1708 


/ 










12/01/94 




.1709 - .1711 


/ 






/ 




12/01/94 




.1712 


/ 










12/01/94 




23 NCAC 2E .0604 


/ 










10/31/94 


180 DAYS 


25 NCAC 11 .2005 




/ 




/ 




12/01/94 





9:18 



NORTH CAROLINA REGISTER 



December 15, 1994 



1483 



RRC OBJECTIONS 






1 he Rules Review Commission (RRC) objected to the following rules in accordance with G.S. 
150B-2 1.9(a). State agencies are required to respond to RRC as provided in G.S. 150B-21. 12(a). 



ADMINISTRATION 

State Employees Combined Campaign 

I NCAC 35 .0202 - Content of Applications 

Agency Revised Rule 

ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 
Environmental Management 

15 A NCAC 2Q .0112 - Applications Requiring Professional Engineer Seal 

Mining: Mineral Resources 

15A NCAC 5B .0013 - Response Deadline to Department's Request(s) 
Rule Returned to Agency 
Agency Filed Rule for Codification Over RRC Objection 

Wildlife Resources and Water Safety 

15A NCAC 10B .0106 - Wildlife Taken for Depredations or Accidentally 
Agency Revised Rule 

HUMAN RESOURCES 

Mental Health: General 

10 NCAC 14K .0314 - Assessment 
Agency Revised Rule 

10 NCAC 14K .0315 - Treatment /Habituation Planning and Documentation 

Agency Re\ised Rule 

INSURANCE 

Medical Database Commission 

II NCAC 15 .0006 - Data Submission 

Agency Revised Rule 
Agency Revised Rule 

11 NCAC 15 .0007 - Provider Verification 

Agency Re\ised Rule 
Agency Revised Rule 

LICENSING BOARDS AND COMMISSIONS 

Board of Barber Examiners 

21 NCAC 6F .0001 - Physical Structure 



RRC Objection 11/17/94 
Obj. Removed 11/17/94 



RRC Objection 1 1 II 7/94 



RRC Objection 09/15/94 

Obj. Contd 10/20/94 

Eff. 11/01/94 



RRC Objection 11/17/94 
Obj. Contd 11/17/94 



RRC Objection 11/17/94 

Obj. Removed 11/17/94 

RRC Objection 11/17/94 

Obj. Removed 11/17/94 



RRC 


Objection 


10/20/94 


Obj. 


Cont 'd 


10/20/94 


Obj. 


Removed 


11/17/94 


RRC 


Objection 


10/20/94 


Obj. 


Contd 


10/20/94 


Obj. 


Removed 


11/17/94 



RRC Objection 1 1 II 7/94 



1484 



NORTH CAROLINA REGISTER 



December 15, 1994 



9:18 



RRC OBJECTIONS 



Agency Revised Rule 
11 NCAC 6L .0002 - Measurements of Barber Shop 
Agency Revised Rule 

Board of Dental Examiners 

21 NCAC 16M .0001 - Dentists 
Agency Revised Rule 

Licensing Board of Landscape Architects 

21 NCAC 26 .0105 - Fees 
Agency Revised Rule 

Board of Opticians 

21 NCAC 40 .0314 - Apprenticeship and Internship Requirements; Registration 

Agency Revised Rule 
21 NCAC 40 . 0319 - Applicants From Other States 

Agency Revised Rule 

Board of Professional Engineers and Land Surveyors 

21 NCAC 56 .0502 - Application Procedure: Individual 
21 NCAC 56 .1702 - Definitions 

Agency Revised Rule 
21 NCAC 56 .1703 - Requirements 

Agency Revised Rule 
21 NCAC 56 .1704- Units 

Agency Revised Rule 
21 NCAC 56 .1705 - Determination of Credit 

Agency Revised Rule 



Ohj. Removed 11/17/94 
RRC Objection 11/17/94 
Obj. Removed 11/17/94 



RRC Objection 
Obj. Removed 



RRC Objection 
Obj. Removed 



11/17/94 
11/17/94 



11/17/94 
11/17/94 



RRC Objection 11/17/94 

Obj. Cont'd 11/17/94 

RRC Objection 1 1 /1 7/94 

Obj. Removed 11/17/94 



RRC Objection 


11/17/94 


RRC Objection 


11/17/94 


Obj. Removed 


11/17/94 


RRC Objection 


11/17/94 


Obj. Removed 


11/17/94 


RRC Objection 


11/17/94 


Obj. Removed 


11/17/94 


RRC Objection 


11/17/94 


Obj. Removed 


11/17/94 



9:18 



NORTH CAROLINA REGISTER 



December 15, 1994 



1485 



CONTESTED CASE DECISIONS 



1 his Section contains the full text of some of the more significant Administrative Law Judge decisions 
along with an index to all recent contested cases decisions which are filed under North Carolina's 
Administrative Procedure Act. Copies of the decisions listed in the index and not published are available 
upon request for a minimal charge by contacting the Office of Administrative Hearings, (919) 733-2698. 



AGENCY 



ADMINISTRATION 

North Carolina Council for Women 

Family Violence Prevention Services v. N.C. Council for Women 

ALCOHOLIC BEVERAGE CONTROL COMMISSION 

Jerry Lee McGowan v. Alcoholic Beverage Control Comm. 

Alcoholic Beverage Control Comm. v. Entertainment Group, Inc. 

Alcoholic Beverage Control Comm. v. Daehae Chang 

Rayvon Stewart v. Alcoholic Beverage Control Commission 

Alcoholic Beverage Control Comm. v. Branchland, Inc. 

Alcoholic Beverage Control Comm. v. Peggy Sutton Waltere 

Russell Bernard Speller d/b/a Cat's Disco v. Alcoholic Bev Ctl Comm. 

Alcoholic Beverage Control Comm. v. Branchland, Inc. 

Edward Ogunjobi, Club Piccadilli v. Alcoholic Beverage Control Comm. 

Robert Kovalaske, Nick Pikoulas, Joseph Marshburn, Evangelos Pikoulas, 

d/b/a Our Mom's BBQ v. Alcoholic Beverage Control Commission 
Christine George Williams v. Alcoholic Beverage Control Comm. 
Lynn Ann Garfagna v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Comm. v. Raleigh Limits, Inc. 
Alcoholic Beverage Control Comm. v. COLAP Enterprises, Inc. 
Alcoholic Beverage Control Comm. v. Mitch's Tavern, Inc. 
Alcoholic Beverage Control Comm. v. Ms. Lucy Jarrell Powell 
Alcoholic Beverage Control Comm. v. Riehaid Wayne Barrow 
Alcoholic Beverage Control Comm. v. Subhashbai C. Patel 
Alcoholic Beverage Control Comm. v. Daphne Ann Harrcll 
Mr. &. Mrs. Josh Bullock Jr. v. Alcoholic Beverage Control Comm. 
Jerome Crawford v. Alcoholic Beverage Control Commission 
Lawrence Mungin v. Alcoholic Beverage Control Commission 
Willie Poole Jr. v. Alcoholic Beverage Control Commission 
Alonza Mitchell v. Alcoholic Beverage Control Commission 
Roy Dale Cagle v. Alcoholic Beverage Control Commission 
Christopher C. Gause, James A Jinwright v. Alcoholic Bev. Ctl. Comm. 
Rajaddin Abdelaziz v. Alcoholic Beverage Control Commission 
Alcoholic Bev. Ctrl. Comm. v. Partnership, T/A Price Downs Food Mart 

COMMERCE 

Savings Institutions Division 

James E. Byers, et al v. Savings Institutions 

CORRECTION 

Division of Prisons 

Gene Strader v. Department of Correction 

CRIME CONTROL AND PUBLIC SAFETY 

Joseph Guernsey & Parents, Robert Guernsey & Dolores Guernsey 
v. Pitt County Hospital Eastern RadiologistB 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



94 DOA 0242 



93 ABC 
93 ABC 
93 ABC 
93 ABC 
93 ABC 
93 ABC 
93 ABC 
93 ABC 
93 ABC 
93 ABC 



0363 
0719 
0775 
0793 
0892 
0906 
0937 
0993 
1024 
1029 



West 



Morrison 

Gray 

Morrison 

Nesnow 

Morgan 

Mann 

Morrison 

Morgan 

West 

Gray 



04/13/94 



08/23/94 
03/02/94 
09/21/94 
04/11/94 
06/03/94 
03/18/94 
03/07/94 
06/03/94 
03/03/94 
03/04/94 



93 ABC 1057 


Bee ton 


04/21/94 




93 ABC 1481 


Gray 


07/19/94 




93 ABC 1485 


Mann 


03/11/94 




94 ABC 0060 


Nesnow 


06/07/94 




94 ABC 0064 


Gray 


07/26/94 




94 ABC 0070 


Morgan 


06/06/94 




94 ABC 0079 


Gray 


10/14/94 




94 ABC 0083 


West 


11/01/94 




94 ABC 0115 


Nesnow 


07/18/94 




94 ABC 0124 


Morgan 


06/06/94 




94 ABC 0125 


Morgan 


06/06/94 




94 ABC 0149 


Chess 


08/08/94 




94 ABC 0232 


Chess 


09/02/94 




94 ABC 0257 


Morrison 


07/28/94 9 


:11NCR 870 


94 ABC 0260 


West 


07/13/94 




94 ABC 0532 


Gray 


09/27/94 




94 ABC 0600 


Chess 


09/22/94 




94 ABC 0856 


West 


11/22/94 





93 COM 1622 Chess 03/01/94 



94 DOC 0252 Morrison 03/21/94 



94 CPS 0413 



Gray 07/11/94 



1486 



NORTH CAROLINA REGISTER 



December 15, 1994 



9:18 



CONTESTED CASE DECISIONS 



AGENCY 



Crime Victims Compensation Commission 

Mae H. McMillan v. Crime Victims Compensation Commission 

James Hugh Baynes v. Crime Victims Compensation Commission 

Ross T. Bond v. Victims Compensation Commission 

James A. Canady v. Crime Victims Compensation Commission 

Virginia Roof v. Department of Crime Control & Public Safety 

Karen C. Tilghman v. Crime Victims Compensation Commission 

Rosemary Taylor v. Crime Victims Compensation Commission 

Violet E. Kline v. Crime Victims Compensation Commission 

James Benton v. Crime Victims Compensation Commission 

Percy Clark v. Crime Victims Compensation Commission 

J. Richard Spencer v. Crime Victims Compensation Commission 

Albert H. Walker v. Crime Victims Compensation Commission 

Barbara Henderson v. Crime Victims Compensation Commission 

Shirley Handsome v. Crime Victims Compensation Commission 

Georgeann Young v. Crime Victims Compensation Commission 

Lawrence L. Tyson v. Crime Victims Compensation Commission 

Ada Battle v. Crime Victims Compensation Commission 

Lyman L. Chapman v. Crime Victims Compensation Commission 

Douglas and Virginia Wilson v. Crime Victims Compensation Comm. 

Blanche J. Taylor v. William Hooks Jr., Crime Victims Comp. Comm. 

Michelle L. Wilcox v. Crime Victims Compensation Commission 

Charlie E. McDonald v. Crime Victims Compensation Commission 

Lillie Alford/behalf/estate/Venise Alford v. Crime Victims Comp. Comm. 

Michael G. Low v. Crime Victims Compensation Commission 

Torbit Smith v. Victims Compensation Commission 

Maureen P. Wilson v. Crime Victims Compensation Commission 

Kay Thompson Chambers v. Crime Victims Compensation Commission 

James R. Gray v. Crime Victims Compensation Commission 

Hazel Jarvis v. Victims Compensation Commission 

Pattie Hale v. Victims Compensation Fund 

Dana Harris v. Crime Victims Compensation Commission 

Dorian Walter St. I^trick Scott v. Victims Compensation Comm. 

Mary E. Haskins v. Crime Victims Compensation Commission 



EMPLOYMENT SECURITY COMMISSION 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



92 CPS 1328 


Morgan 


08/11/94 


93 CPS 0801 


West 


03/28/94 


93 CPS 1104 


West 


04/21/94 


93 CPS 1108 


Gray 


03/28/94 


93 CPS 1347 


Nesnow 


03/24/94 


93 CPS 1608 


Reilly 


05/17/94 


93 CPS 1626 


Nesnow 


05/25/94 


93 CPS 1670 


Morgan 


06/13/94 


94 CPS 0034 


Chess 


06/14/94 


94 CPS 0127 


Reilly 


04/19/94 


94 CPS 0157 


Chess 


06/14/94 


94 CPS 0229 


Reilly 


08/11/94 


94 CPS 0259 


Morrison 


04/07/94 


94 CPS 0286 


Gray 


04/28/94 


94 CPS 0292 


Reilly 


04/18/94 


94 CPS 0368 


Gray 


04/26/94 


94 CPS 0414 


Reilly 


08/23/94 


94 CPS 0415 


Chess 


06/02/94 


94 CPS 0417 


Reilly 


06/07/94 


94 CPS 0464 


Mann 


10/28/94 


94 CPS 0467 


Reilly 


06/07/94 


94 CPS 0468 


Gray 


09/02/94 


94 CPS 0488 


West 


11/10/94 


94 CPS 0524 


Morrison 


06/13/94 


94 CPS 0535 


Bee ton 


10/26/94 


94 CPS 0567 


Gray 


09/23/94 


94 CPS 0581 


Morrison 


09/28/94 


94 CPS 0603 


Reilly 


08/19/94 


94 CPS 0664 


Chess 


07/29/94 


94 CPS 0734 


West 


09/06/94 


94 CPS 0832 


Nesnow 


09/26/94 


94 CPS 0883 


Nesnow 


10/04/94 


94 CPS 1406 


Gray 


03/17/94 



PUBLISHED DECISION 
REGISTER CITATION 



9:2 NCR 114 



9:6 NCR 407 



9:13 NCR 1056 



David Lee Bush v. Employment Security Commission 
ENVIRONMENT. HEALTH, AND NATURAL RESOURCES 



91 ESC 0395 



Reilly 



08/18/94 



Bobby Stallings v. Environment, Health, and Natural Resources 
James M. Lyles v. Brunswick County Office of Permits 
Erby Lamar Grainger v. Environment, Health, &. Natural Resources 
William P. Shaver, R. McKinnon Morrison UJ, Till Ray, Dr. Wesley 

C. Ray, Douglas W. Furr, Catherine H. Furr & Caldwell Creek Farm, Inc. 

v. EHNR-State of North Carolina 
Ron D. Graham, Suzanne C. Graham v. Robert Cobb, Mecklenbuig Cty 
Carnel D. Pearson Jr. v. Craven Co. Division of Health & DEHNR 
Patricia D. Solomon v. Macon County Health Department 
Elbert L. Winslow v. EHNR/Guilford Cty Health Dept. & Guilfoid Cty 

Planning &. Zoning Boand 
Kathryn A. Whitley v. Macon County Health Department 
Brook Hollow Estates v. Environment, Health, & Natural Resources 
Bobby Combs v. Public Water Supply Section 

Oceanfront Court, David C. Gagnon v. Environment, Health, & Nat. Res. 
Sam's Club #8219 v. Mecklenbuig County Health Department 
Everhart & Associates., Inc. and Hettie Tolson Johnson v. Environment, 

Health, and Natural Resources and Zelig Robinson 
Richajd A. Jenkins v. NC Water Pollution Ctl. Sys. Op. Cert. Comm. 
Eugene Crawfond & Nancy P. Crawforcl v. Macon County Health Dept. 
Joseph B. Leggett v. Environment, Health, &. Natural Resources 
Tri-CircuiB, Inc. v. Environment, Health, & Natural Resources 
Thomas Taylor Fain v. Martin-Tyrrell-Wash. Dist. Health Dept., EHNR 
Marlen C. Robb, Jr. v. CAMA, Washington, NC EHNR 
Irene, Will, Eric Litaker v. Montgomery County Health Department 
James Loder v. New Hanover Inspection Svcs. , Local CAMA Permit Off. 



90 EHR 0612 


Morgan 


08/11/94 




92 EHR 0333 


Chess 


09/22/94 




93 EHR 0071 


Reilly 


11/22/94 




93 EHR 0452 


Morgan 


08/11/94 




93 EHR 1017 


Becton 


05/31/94 




93 EHR 1759 


Mann 


09/06/94 




93 EHR 1777 


West 


05/23/94 




94 EHR 0086 


Chess 


07/13/94 




94 EHR 0088 


West 


07/13/94 




94 EHR 0093 


West 


06/03/94 




94 EHR 0202 


West 


10/19/94 




94 EHR 0210 


Chess 


06/21/94 




94 EHR 0329 


Nesnow 


06/15/94 


9:7 NCR 496 


94 EHR 0392 


Reilly 


10/18/94 


9:15 NCR 1231 


94 EHR 0424 


West 


10/11/94 




94 EHR 0500 


Gray 


06/10/94 




94 EHR 0560 


West 


09/21/94 




94 EHR 0601 


Morrison 


06/30/94 




94 EHR 0736 


West 


11/22/94 




94 EHR 0767 


West 


11/22/94 




94 EHR 0776 


Gray 


09/06/94 




94 EHR 0821 


Chess 


11/21/94 





9:18 



NORTH CAROLINA REGISTER 



December 15, 1994 



1487 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



89 EHR 1378^ 


Gray 


04/07/94 


90 EHR 0017* 


Gray 


04/07/94 


90 EHR 0455 


Morgan 


08/11/94 


93 EHR 1792 


Nesnow 


03/21/94 


94 EHR 0315 


Gray 


06/01/94 



91 EHR 0838 


Bee ton 


04/06/94 


93 EHR 0348 


Morgan 


07/22/94 


93 EHR 0924 


Bee ton 


03/03/94 


93 EHR 1391 


Chess 


06/24/94 


94 EHR 0005 


Reilly 


05/24/94 


94 EHR 0128 


Chess 


07/13/94 


94 EHR 0200 


Nesnow 


04/27/94 


94 EHR 0235 


Nesnow 


07/19/94 


94 EHR 0333 


Reilly 


05/18/94 



Coastal Management 

Roger Fuller v. EHNR, Div. of Coastal Mgmt & Environmental Mgmt 
Roger Fuller v. EHNR, Div. of Coastal Mgmt & Environmental Mgmt 
John R. Hooper v. EHNR, Div./Coastal Mgmt & Bird's Nest Partnership 
Gary E. Montalbine v. Division of Coastal Management 
I^ley-Midgett Partnership v. Coastal Resources Commission 

Craven County Health Department 

Cox Transport Equipment, Harvey A Cox v. County of Craven, EHNR 94 EHR 0487 West 11/01/94 

Environmental Health 



Jane C. O'Malley, Melvin L. Cartwright v. EHNR & District Hlth Dept 

Pasquotank-P:rquimans-Camden-Chowan 
Henry Lee Bulluck v. Nash County Health Department & EHNR 
Environment, Health, &. Natural Res. v. Clark Harris &. Jessie Lee Harris 
Richard F. Ehersold v. Jackson County Health Department & EHNR 
Sidney S. Tate Jr. v. Dept. of Environment, Health, &. Natural Resources 
George A Waugh, Shirley A. Waugh v. Carteret Cty Health &. Env. Hlth 
Scotland Water Co., Laurin Lakes v. Environment, Health, & Nat. Res. 
H.A. Lentz v. Department of Environment, Health, & Natural Resources 
Floyd Benn Williams v. Dept. of Environment, Health, & Nat. Res. 

Environmental Management 

David Springer v. Dept. of Environment, Health, & Natural Resources 
Petroleum Installation Equipment Co., Inc. v. Env., Health &. Nat. Res. 
Howell's Child Care Center, Inc. v. EHNR, Div of Environmental Mgmt. 
Spring Valley Meats, Inc. v. Environment, Health, &. Natural Resources 
Jack Griffin v. Dept. of Environment, Health, and Natural Resources 
Wooten Oil Company v. EHNR, Div of Environmental Management 
John G. Owens & J.B.S. Mechanical Svcs, Inc. v. EHNR, Env. Mgmt. 

Land Resources 

Wallace B. Clayton, Dr. Marshall Redding v. Div. of Land Resources 
Town of Kernersville (LQS 93-053) v. Environment, Health, & Nat. Res. 
Royee Perry, Paul Perry v. Dept. of Environment, Health, &. Natural Res. 

Marine Fisheries 

Robert I. Swinson, Virginia S. Swinson v. EHNR, Div/Marine Fisheries 

Larry J. Batson v. Division of Marine Fisheries 

David W. Oglesty v. Division of Marine Fisheries 

David E. Oglesty v. Division of Marine Fisheries 

James Goodman v. EHNR, Division of Marine Fisheries 

Billy Ervin Burton v. Division of Marine Fisheries 

Maternal and Child Health 



W1C Section 

Anthony Awueah v. EHNR, Div. Maternal & Child Health, WIC Section 94 EHR 0718 Chess 09/23/94 



92 EHR 1797 


Morgan 


05/19/94 


93 EHR 0531 


Chess 


03/21/94 


93 EHR 0955 


West 


11/02/94 


93 EHR 0974 


West 


11/03/94 


93 EHR 1030 


Bee ton 


03/21/94 


94 EHR 0001 


West 


09/30/94 


94 EHR 0024 


Mann 


09/07/94 



93 EHR 1407 


Morgan 


08/09/94 


93 EHR 1781 


Chess 


06/29/94 


94 EHR 0525 


Gray 


07/01/94 



9:8 NCR 



5S1 



93 EHR 0394 


Gray 


04/11/94 






93 EHR 0857 


Morgan 


07/22/94 






93 EHR 0930** 


West 


07/25/94 


9:10 NCR 


758 


93 EHR 0931** 


West 


07/25/94 


9:10 NCR 


75S 


94 EHR 0035 


Nesnow 


07/18/94 


9:9 NCR 


660 


94 EHR 0504 


Nesnow 


09/01/94 










Consolidated Cases. 



1488 



NORTH CAROLINA REGISTER 



December 15, 1994 



9:18 



CONTESTED CASE DECISIONS 



AGENCY 



olid Waste Management 

.oger Scssoms v. EHNR/ Asbestos Hazard Management Branch 

ertie Citizens Action Coalition, Inc.; Willard J. Oliver, Reginald Early, 

Herbert Jenkins, Jr., Lindwood Earl Tripp, Willie Warren Tripp, Mary 

Alice Cherry, and Kathy Burden v. EHNR, Solid Waste Management 

Division, and East Carolina Environmental, Inc., Addington Environmental 

Inc., et al. 

tobty Benton v. EHNR & Division of Solid Waste 

IUMAN RESOURCES 

erome Triplin v. Department of Human Resources 

lelen J. Walls, Walls Young World v. Department of Human Resources 

J rend a C. Robinson v. Department of Human Resources 

Jetty Rhodes v. Department of Human Resources 

At. & Mrs. Richard Bullen v. Department of Human Resources 



T Jistnbution Child Support 

dona L. Stanback v. DHR, Div/Social Svcs, Child Support Enf. Section 
lachell D. Parker v. Department of Human Resources 
larleen G. Tinsley v. Department of Human Resources 

Division of Child Development 

Judith Fridley v. Div. of Child Development/ Abuse/Neglect Unit 

DHR, Division of Child Development v. Joyce Gale 

Laureen Holt, ID#26-0-00037 v. DHR, Div. of Child Development 

Gloria C. Haith v. Department of Human Resources 

Gloria C. Haith v. Daycare Consultant 

Charles E. Smith v. Department of Human Resources 

Scott's Living Day Care &. Nursery, Mrs. Willie L. Scott v. DHR 

Belinda K. Mitchell v. Human Resources, Div. of Child Development 

Living Word Day Care, Jonathan Lankford v. Dept. of Human Resources 

David G. Whitted, Pres., Toddlers Academy, Inc. v. Div of Child Dev. 

Miriam C. Kircher v. Human Resources, Div. of Child Development 

Mary T. Hill v. Human Resources, Division of Child Development 

Facility Services 

Laura Harvey Williams v. DHR, Division of Facility Services 

Pres tyterian- Orthopaedic Hospital v. Department of Human Resources 

Judy Hoben Wallace v. Department of Human Resources 

Lowell Stafford v. Department of Human Resources 

Willie J. McCombs v. Human Resources, Div. of Facility Services 

Mr. & Mrs. Alvin Wilson v. DHR, Division of Facility Services 

Steve Alan Russell v. DHR, Div. of Facility Svcs, Emergency Med. Svcs 



Certificate of Need Section 

Charles E. Hunter, Jr., M.D. &. Coastal Perfusion Svcs, Inc. v. 

Department of Human Resources, and Wilmington Perfusion 

Corp. and Howard F. Marks, Jr., M.D. 
Cape Fear Memorial Hospital v. Department of Human Resources 
Angel Community Hospital, Inc. v. DHR, Div. of Facility Svcs., Cert./ 

Need Section, and Britthaven, Inc., d/b/a Britthaven of Franklin 
The Carrolton of Fayetteville, Inc. v. Department of Human Resources 

and 
Highland House of Fayetteville, Inc. &. Richard R. Allen Sr. v. DHR 
The Carrolton of Fayetteville, Inc. v. Department of Human Resources 

and 
Highland House of Fayetteville, Inc. & Richard R. Allen Sr. v. DHR 
ABC Home Health Services, Inc. v. Human Resources, Div. of Facility 

Services, Certificate of Need Section v. Mecklenburg Home Health, Inc., 

d/b/a Home Health Professionals of Guilford 



CASE 
NUMBER 



93 EHR 0951 
93 EHR 1045 



94 EHR 0442 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Gray 

Morrison 



Gray 



93 DHR 1552 Reilly 

94 DHR 0146 West 



03/28/94 
04/06/94 



08/22/94 



93 DHR 0108 


Reilly 


08/19/94 


93 DHR 0965 


Morgan 


08/11/94 


94 DHR 0365 


West 


06/01/94 


94 DHR 0501 


Morrison 


06/02/94 


94 DHR 0811 


Bee ton 


11/14/94 



93 DCS 0969 


Morgan 


08/02/94 


93 DCS 0371 


Morgan 


07/14/94 


94 DCS 0651 


Nesnow 


09/15/94 



93 DHR 0973 


Morrison 


03/08/94 


93 DHR 1344 


Gray 


04/28/94 


93 DHR 1549 


Bee ton 


07/13/94 


93 DHR 1707 


Nesnow 


03/22/94 


93 DHR 1787 


Nesnow 


03/14/94 


93 DHR 1797 


Nesnow 


03/21/94 


94 DHR 0106 


Nesnow 


06/29/94 


94 DHR 0119 


Reilly 


06/30/94 


94 DHR 0168 


Nesnow 


03/23/94 


94 DHR 0453 


Mann 


09/23/94 


94 DHR 0615 


Morrison 


11/17/94 


94 DHR 0944 


Chess 


11/16/94 



93 DHR 0391 


Morgan 


08/11/94 


93 DHR 0805 


Reilly 


03/11/94 


93 DHR 0935 


Gray 


05/23/94 


93 DHR 1381 


Gray 


04/15/94 


94 DHR 0430 


Gray 


09/29/94 


94 DHR 0559 


Chess 


08/25/94 


94 DHR 0830 


Gray 


11/28/94 



93 DHR 0746 Morgan 04/11/94 



08/15/94 
10/21/94 



94DHR0197* 5 Morgan 08/11/94 



94DHR0198* 5 Morgan 08/11/94 



94 DHR 0254 Morrison 11/17/94 



9:3 NCR 214 



9:18 



NORTH CAROLINA REGISTER 



December 15, 1994 



1489 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Professional Nursing Services, Inc. and Betty Wallace v. Certificate of 
Need Section, Div. of Facility Services, Human Resources 

and 
Duplin Home Care & Hospice, Inc.; Hometown Hospice, Inc.; Craven County 
Health Dept. Home Health-Hospice Agency; Hospice of F^mlico County, 
Inc.; Hospice of Carteret County; and Comprehensive Home Health Care I, Inc 

Division of Medical Assistance 



J.R., by and through her agent & Personal Rep., Hank Neal v. DHR 
N.R. by & through her agt & personal rep E.C.J, v. DHR, Medical Assis. 
David Yott v. Department of Human Resources 

Sampson County Memorial Hospital v. DHR, Div of Medical Assistance 
Division of Medical Assistance v. Catawba Cty Dept. of Social Services 
Lu Ann Leidy, MD/Dorothea Dix Hosp. Child & Youth v. Medical Assis. 

Division of Social Services 

Evelyn Moore v. Department of Human Resources 

Nathaniel Harrell, Annie Harrell v. Department of Social Services 

Child Support Enforcement Section 

Alfred Bennett v. Department of Human Resources 
Shelton Staples v. Department of Human Resources 
Helen Lee Harvell Jones v. Department of Human Resources 
Dalton Felton Sr. v. Department of Human Resources 
Colby S. Hughes v. Department of Human Resources 
Gary Eugene Honeycutt v. Department of Human Resources 
Vicki C. Conn v. Department of Human Resources 
John R. Lossiah v. Department of Human Resources 
Melvin L. Miller Sr. v. Department of Human Resources 
Robert L. Hicks v. Department of Human Resources 
Thomas Sadler v. Department of Human Resources 
Nancy Richardson v. Department of Human Resources 
Frederick C. Burdick Jr. v. Department of Human Resources 
Darryl D Leedy v. Department of Human Resources 
David M. Fogleman Jr. v. Department of Human Resources 
William Heckstall v. Department of Human Resources 
Luther Hatcher v. Department of Human Resources 
Bryan Jeffrey Cole v. Department of Human Resources 
Anthony E. Bullaid v. Department of Human Resources 
Donald E. Height v. Department of Human Resources 
Dexter L. Chambers v. Department of Human Resources 
Ronald E. Johnson v. Department of Human Resources 
Roger Moore v. Department of Human Resources 
Alvin Lee Martin v. Department of Human Resources 
James J. Malloy v. Department of Human Resources 
Robert Young v. Department of Human Resources 
Henry M. Dillard v. Department of Human Resources 
Vernon Byrd v. Department of Human Resources 
Sherman E. Ames v. Department of Human Resources 
Antonio Townsend v. Department of Human Resources 
Keith M. Gray v. Department of Human Resources 
Troy E. Pinkney v. Department of Human Resources 
Anthony A. Macon v. Department of Human Resources 
Walter Lee Corbert v. Department of Human Resources 
Joseph E. Kernstine v. Department of Human Resources 
Alvin M. Davis v. Department of Human Resources 
Thomas M. Birdwell HI v. Department of Human Resources 
Joe Louis Mayo v. Department of Human Resources 
Bobby Lewis Smith v. Department of Human Resources 
Lawrence D. Dean v. Department of Human Resources 
Louis C. Cade v. Department of Human Resources 
Richard J. Swarm v. Department of Human Resources 
Nash Andrew Newsome v. Department of Human Resources 
James E. Watson v. Department of Human Resources 
Robert Lee Barrett v. Department of Human Resources 



94 DHR 0609 



West 



11/21/94 



93 DHR 0528 


Gray 


04/27/94 


93 DHR 0538 


Chess 


07/01/94 


93 DHR 1113 


Gray 


04/05/94 


93 DHR 1760 


West 


09/07/94 


93 DHR 1778 


West 


03/04/94 


94 DHR 0448 


Chess 


06/21/94 



94 DHR 0293 
94 DHR 0440 



Reilly 
Gray 



04/15/94 
06/27/94 



90CSE 1146 


Morgan 


08/11/94 


91 CSE0660 


Morgan 


08/11/94 


91 CSE 1183 


Morgan 


08/11/94 


92 CSE 0532 


Morgan 


07/13/94 


92 CSE 1199 


Morgan 


08/10/94 


92 CSE 1207 


Morgan 


08/10/94 


92 CSE 1268 


Morgan 


08/10/94 


92 CSE 1345 


Mann 


10/13/94 


92 CSE 1372 


Morgan 


08/10/94 


92 CSE 1591 


Morgan 


08/10/94 


92 CSE 1739 


Bee ton 


10/18/94 


93 CSE 0180 


Chess 


11/22/94 


93 CSE 0227 


Mann 


11/09/94 


93 CSE 0591 


Morgan 


08/11/94 


93 CSE 1074 


Mann 


10/10/94 


93 CSE 1077 


Reilly 


03/14/94 


93 CSE 1082 


Mann 


05/24/94 


93 CSE 1091 


Bee ton 


03/30/94 


93 CSE 1094 


Nesnow 


06/13/94 


93 CSE 1110 


Morgan 


08/11/94 


93 CSE 1124 


West 


03/28/94 


93 CSE 1125 


Bee ton 


03/30/94 


93 CSE 1127 


Bee ton 


04/14/94 


93 CSE 1 128 


Nesnow 


04/04/94 


93 CSE 1132 


Gray 


10/03/94 


93 CSE 1133 


Reilly 


04/18/94 


93 CSE 1135 


Nesnow 


06/13/94 


93 CSE 1136 


Bee ton 


08/22/94 


93 CSE 1137 


Chess 


11/09/94 


93 CSE 1139 


Bee ton 


03/30/94 


93 CSE 1 140 


Nesnow 


06/28/94 


93 CSE 1148 


Mann 


03/29/94 


93 CSE 1149 


Gray 


04/26/94 


93 CSE 1150 


Reilly 


03/30/94 


93 CSE 1151 


Morgan 


07/15/94 


93 CSE 1152 


Morgan 


08/04/94 


93 CSE 1155 


Morgan 


08/02/94 


93 CSE 1161 


West 


04/19/94 


93 CSE 1 162 


Nesnow 


06/16/94 


93 CSE 1 165 


Gray 


10/27/94 


93 CSE 1166 


Morrison 


06/16/94 


93 CSE 1167 


Reilly 


06/17/94 


93 CSE 1170 


Mann 


03/17/94 


93 CSE 1171 


Gray 


04/26/94 


93 CSE 1172 


Morrison 


04/20/94 



1490 



NORTH CAROLINA REGISTER 



December 15, 1994 



9:18 



CONTESTED CASE DECISIONS 



AGENCY 



ithony Raynor Sr. v. Department of Human Resources 

:tty A. Williams, Fred E. Jones v. Department of Human Resources 

ff A- Taylor v. Department of Human Resources 

ic G. Sykes v. Department of Human Resources 

on Hagins v. Department of Human Resources 

irrence D. Timmons v. Department of Human Resources 

w A. Johnstone v. Department of Human Resources 

Morris Ray Bethel v. Department of Human Resources 

illie C. Hollis v. Department of Human Resources 

dward Boggan v. Department of Human Resources 

aymond Junior Cagle v. Department of Human Resources 

rnest N. Pruitt Jr. v. Department of Human Resources 

[ichael P. MeCay v. Department of Human Resources 

obert Matthew Rossi v. Department of Human Resources 

ernadett Cook v. Department of Human Resources 

awan Weigel v. Department of Human Resources 

em Person v. Department of Human Resources 

obby Lee McCullers Jr. v. Department of Human Resources 

idall R. Rhodes v. Department of Human Resources 
len Nelson Washington v. Department of Human Resources 
lichael V. Dockery v. Department of Human Resources 
Robert Corley Jr. v. Department of Human Resources 
loyd E. Bailey v. Department of Human Resources 
)ennis W. Nolan v. Department of Human Resources 
tobert Calvin Connor v. Department of Human Resources 
ames D. Williams v. Department of Human Resources 
.iahalon Eugene White v. Department of Human Resources 
4arty Franzen v. Department of Human Resources 
/aughn D. Pearsall v. Department of Human Resources 
jerald L. Murrell v. Department of Human Resources 
^arry D. Dawson v. Department of Human Resources 
vlcDaniel Teeter Jr. v. Department of Human Resources 
Cing D. Graham v. Department of Human Resources 
3rian C. Carelock v. Department of Human Resources 
Bradford C. Lewis v. Department of Human Resources 
Derek Watson v. Department of Human Resources 
Luther Borden v. Department of Human Resources 
Walter B. Lester v. Department of Human Resources 
Wilbert E. Anderson v. Department of Human Resources 
David H. Johnson v. Department of Human Resources 
William Earl Arrington v. Department of Human Resources 
William K. WTiisenant v. Department of Human Resources 
Curtis C. Osborne v. Department of Human Resources 
Stanley J. Forsack v. Department of Human Resources 
Larry Cornelius Smith v. Department of Human Resources 
Robert C. Lee Jr. v. Department of Human Resources 
Sidney Ray Tuggle Jr. v. Department of Human Resources 
Michael A. Amos v. Department of Human Resources 
Reginald Eugene Hill v. Department of Human Resources 
Jimmy C. Harvell v. Department of Human Resources 
John Edward Tannehill v. Department of Human Resources 
Benjamin McCormick v. Department of Human Resources 
Steven Connet v. Department of Human Resources 
Gregory N. Winley v. Department of Human Resources 
Ronald Brown v. Department of Human Resources 
David L. Hill v. Department of Human Resources 
Ronald Fred Metzger v. Department of Human Resources 
James L. Phillips v. Department of Human Resources 
John D. Bryant v. Department of Human Resources 
George Aaron Collins v. Department of Human Resources 
Ricky Glenn Mabe v. Department of Human Resources 
Samuel L. Dodd v. Department of Human Resources 
James W. Smith v. Department of Human Resources 
William A. Sellers v. Department of Human Resources 
Jerry Mclver v. Department of Human Resources 
Johnny B. Little v. Department of Human Resources 
Kenneth W. Cooper v. Department of Human Resources 
Nathan D. Winston v. Department of Human Resources 



CASE 




DATE OF PUBLISHED DECISION 


NUMBER 


ALJ 


DECISION REGISTER CITATION 


93 CSE 


1173 


Morrison 


10/27/94 


93 CSE 


1178 


Nesnow 


04/20/94 


93 CSE 


1180 


Morgan 


07/15/94 


93 CSE 


1181 


Bee ton 


04/20/94 


93 CSE 


1182 


Mann 


11/14/94 


93 CSE 


1183 


Bee ton 


10/11/94 


93 CSE 


1186 


Morrison 


10/03/94 


93 CSE 


1188 


West 


07/11/94 


93 CSE 


1191 


Bee ton 


05/09/94 


93 CSE 


1192 


Chess 


09/01/94 


93 CSE 


1194 


Morrison 


10/03/94 


93 CSE 


1197 


Nesnow 


06/28/94 


93 CSE 


1198 


Morgan 


08/02/94 


93 CSE 1199 


Bee ton 


08/22/94 


93 CSE 


1202 


Gray 


04/27/94 


93 CSE 


1212 


Gray 


08/26/94 


93 CSE 1214 


Morrison 


06/16/94 


93 CSE 


1215 


Reilly 


06/17/94 


93 CSE 1219 


Nesnow 


06/16/94 


93 CSE 


1221 


Morgan 


08/02/94 


93 CSE 


1222 


Morgan 


07/15/94 


93 CSE 


1225 


Chess 


10/05/94 


93 CSE 


1227 


Mann 


07/07/94 


93 CSE 


1254 


Morrison 


04/27/94 


93 CSE 


1258 


West 


04/19/94 


93 CSE 


1259 


West 


04/19/94 


93 CSE 


1261 


Nesnow 


08/22/94 


93 CSE 


1264 


Morgan 


07/15/94 


93 CSE 


1267 


Bee ton 


04/20/94 


93 CSE 


1271 


Gray 


08/26/94 


93 CSE 1273 


Morrison 


07/07/94 


93 CSE 


1274 


Morrison 


06/30/94 


93 CSE 


1275 


Bee ton 


05/18/94 


93 CSE 


1276 


Mann 


10/13/94 


93 CSE 1278 


Mann 


10/13/94 


93 CSE 


1283 


Reilly 


06/30/94 


93 CSE 


1284 


West 


06/23/94 


93 CSE 


1287 


Nesnow 


06/28/94 


93 CSE 


1288 


Nesnow 


10/12/94 


93 CSE 1289 


Mann 


10/14/94 


93 CSE 


1290 


Mann 


10/14/94 


93 CSE 


1291 


Bee ton 


08/22/94 


93 CSE 


1299 


Gray 


09/19/94 


93 CSE 


1301 


Morrison 


08/23/94 


93 CSE 


1302 


Morrison 


06/30/94 


93 CSE 


1303 


Reilly 


06/30/94 


93 CSE 


1307 


West 


04/25/94 


93 CSE 


1308 


West 


07/15/94 


93 CSE 


1309 


West 


10/06/94 


93 CSE 


1310 


Nesnow 


10/27/94 


93 CSE 


1312 


Nesnow 


10/03/94 


93 CSE 


1313 


Morgan 


08/02/94 


93 CSE 


1315 


Mann 


10/14/94 


93 CSE 1316 


Bee ton 


06/14/94 


93 CSE 


1318 


Beeton 


06/29/94 


93 CSE 


1320 


Chess 


11/08/94 


93 CSE 


1323 


Mann 


09/26/94 


93 CSE 


1326 


Reilly 


06/17/94 


93 CSE 


1327 


Reilly 


10/27/94 


93 CSE 1331 


West 


04/25/94 


93 CSE 


1356 


Mann 


09/26/94 


93 CSE 


1357 


Gray 


03/31/94 


93 CSE 


1358 


Gray 


08/26/94 


93 CSE 1359 


Morrison 


04/20/94 


93 CSE 1362 


Reilly 


06/30/94 


93 CSE 


1363 


West 


06/23/94 


93 CSE 


1364 


West 


04/27/94 


93 CSE 1365 


Nesnow 


07/07/94 



9:18 



NORTH CAROLINA REGISTER 



December 15, 1994 



1491 



CONTESTED CASE DECISIONS 



AGENCY 



Bobby Charles Coleman v. Department of Human Resources 
Anthony Curry v. Department of Human Resources 
Charles W. Norwood Jr. v. Department of Human Resources 
David L. Terry v. Department of Human Resources 
Audwin Linds^ v. Department of Human Resources 
Steven A. Elmquist v. Department of Human Resources 
Kelvin Dean Jackson v. Department of Human Resources 
Jerry R. Gibson v. Department of Human Resources 
Melvin Lewis Griffin v. Department of Human Resources 
Dennis E. Fountain Jr. v. Department of Human Resources 
Mark E. Rogers v. Department of Human Resources 
Daniel J. McDowell v. Department of Human Resources 
Edna VonCannon v. Department of Human Resources 
Darron J. Roberts v. Department of Human Resources 
Ephrom Sparkman Jr. v. Department of Human Resources 
Alton W. Ivey v. Department of Human Resources 
Terry James Carothers v. Department of Human Resources 
Thomas A. Ayere v. Department of Human Resources 
Daniel Thomas Hefele v. Department of Human Resources 
Gilbert J. Gutierrez v. Department of Human Resources 
Alton D. Johnson v. Department of Human Resources 
Darryl C. Thompson v. Department of Human Resources 
Jeffery E. Holley v. Department of Human Resources 
Chester Sanders v. Department of Human Resources 
Rodney Guyton v. Department of Human Resources 
Nelson Bennett v. Department of Human Resources 
Donald W. Clark v. Department of Human Resources 
William E. David Jr. v. Department of Human Resources 
Arthur Lee Carter v. Department of Human Resources 
Frank Reiff v. Department of Human Resources 
John J. Gabriel v. Department of Human Resources 
Robert Hayes v. Department of Human Resources 
Donald Ray Copeland v. Department of Human Resources 
Clark Anthony Bryant v. Department of Human Resources 
Timothy D. Evans v. Department of Human Resources 
Billy Edward Smith v. Department of Human Resources 
Allen D. Terrell v. Department of Human Resources 
Ray C. Moses v. Department of Human Resources 
Mickey Bridgett v. Department of Human Resources 
Stephen L. Brown v. Department of Human Resources 
David Beduhn v. Department of Human Resources 
Bart Ransom v. Department of Human Resources 
William H. Simpson Sr. v. Department of Human Resources 
Clarence J. Gatling Jr. v. Department of Human Resources 
James D. McClure Jr. v. Department of Human Resources 
Timothy E. Stotlar v. Department of Human Resources 
Christopher Ivan Smith v. Department of Human Resources 
Douglas L. Cherrix v. Department of Human Resources 
Dwayne Lamont Thompson v. Department of Human Resources 
Michael Edwin Smith v. Department of Human Resources 
Horace Lee Bass v. Department of Human Resources 
Michael Wilder v. Department of Human Resources 
William Howard Wright v. Department of Human Resources 
James A. Cephas v. Department of Human Resources 
Edward E. Furr v. Department of Human Resources 
James Hunsaker v. Department of Human Resources 
James W. Ragsdale v. Department of Human Resources 
Mark E. Campbell v. Department of Human Resources 
Vernon Lamont Weaver v. Department of Human Resources 
Jesse B. McAfee v. Department of Human Resources 
William Ellis v. Department of Human Resources 
Henry A. Harriel Jr. v. Department of Human Resources 
John H. Fortner Jr. v. Department of Human Resources 
Mike Johnson v. Department of Human Resources 
Carl E. Crump v. Department of Human Resources 
Herman F. Jacobs Jr. v. Department of Human Resources 
Barriet Easterling v. Department of Human Resources 
Dorsey L. Johnson v. Department of Human Resources 



CASE 




DATE OF PUBLISHED DECISION 


NUMBER 


ALJ 


DECISION REGISTER CITATION 


93 CSE 1368 


Morgan 


08/02/94 


93 CSE 1371 


Chess 


08/18/94 


93 CSE 1385 


West 


06/13/94 


93 CSE 1386 


Mann 


05/18/94 


93 CSE 1390 


Morrison 


07/15/94 


93 CSE 1392 


Reilly 


04/29/94 


93 CSE 1394 


West 


06/13/94 


93 CSE 1411 


Nesnow 


08/24/94 


93 CSE 1412 


Morgan 


08/02/94 


93 CSE 1414 


Chess 


05/13/94 


93 CSE 1415 


Mann 


05/03/94 


93 CSE 1416 


Gray 


09/19/94 


93 CSE 1417 


Morrison 


06/14/94 


93 CSE 1419 


West 


08/23/94 


93 CSE 1422 


Morgan 


08/04/94 


93 CSE 1426 


Mann 


11/18/94 


93 CSE 1428 


Grfiy 


10/26/94 


93 CSE 1431 


Morrison 


06/30/94 


93 CSE 1432 


Morrison 


04/28/94 


93 CSE 1433 


Morrison 


05/13/94 


93 CSE 1434 


Reilly 


04/29/94 


93 CSE 1435 


Reilly 


06/30/94 


93 CSE 1436 


Reilly 


08/23/94 


93 CSE 1437 


West 


04/19/94 


93 CSE 1439 


West 


04/21/94 


93 CSE 1440 


Nesnow 


08/31/94 


93 CSE 1441 


Nesnow 


05/13/94 


93 CSE 1442 


Nesnow 


05/02/94 


93 CSE 1445 


Morgan 


08/10/94 


93 CSE 1448 


Bee ton 


08/22/94 


93 CSE 1452 


Chess 


05/16/94 


93 CSE 1453 


Mann 


07/07/94 


93 CSE 1454 


Mann 


10/10/94 


93 CSE 1455 


Gray 


06/30/94 


93 CSE 1460 


Reilly 


04/28/94 


93 CSE 1461 


West 


04/19/94 


93 CSE 1463 


Nesnow 


05/02/94 


93 CSE 1464 


Nesnow 


04/28/94 


93 CSE 1468 


Bee ton 


05/24/94 


93 CSE 1470 


Chess 


09/27/94 


93 CSE 1494 


Gray 


08/30/94 


93 CSE 1495 


Morrison 


04/29/94 


93 CSE 1497 


West 


04/19/94 


93 CSE 1499 


Morgan 


08/02/94 


93 CSE 1500 


Bee ton 


05/13/94 


93 CSE 1504 


Mann 


11/18/94 


93 CSE 1510 


Gray 


07/07/94 


93 CSE 1512 


Gray 


05/13/94 


93 CSE 1515 


Morrison 


04/21/94 


93 CSE 1517 


Morrison 


08/26/94 


93 CSE 1520 


Morrison 


05/13/94 


93 CSE 1521 


Reilly 


04/28/94 


93 CSE 1522 


Reilly 


08/26/94 


93 CSE 1523 


Reilly 


05/13/94 


93 CSE 1524 


Reilly 


06/17/94 


93 CSE 1526 


Chess 


11/08/94 


93 CSE 1528 


Reilly 


10/12/94 


93 CSE 1537 


Nesnow 


05/19/94 


93 CSE 1538 


Nesnow 


09/23/94 


93 CSE 1539 


Nesnow 


09/26/94 


93 CSE 1540 


Morgan 


08/02/94 


93 CSE 1541 


Morgan 


08/04/94 


93 CSE 1542 


Morgan 


08/02/94 


93 CSE 1544 


Morgan 


08/04/94 


93 CSE 1545 


Bee ton 


09/23/94 


93 CSE 1557 


Chess 


09/27/94 


93 CSE 1560 


Mann 


05/18/94 


93 CSE 1565 


Gray 


09/19/94 



1492 



NORTH CAROLINA REGISTER 



December 15, 1994 



9:18 



CONTESTED CASE DECISIONS 



AGENCY 



Yade A. Burgess v. Department of Human Resources 
lly Dale Beaney v. Department of Human Resources 
iiegory Harrell v. Department of Human Resources 
ames E. Wiggins Sr. v. Department of Human Resources 
!bny A. Draughon v. Department of Human Resources 
Jregory L. Rimmer v. Department of Human Resources 
ftjben Jonathan Bostillo v. Department of Human Resources 
rimothy J- Jones v. Department of Human Resources 
landall E. Hunter v. Department of Human Resources 
]Vrus R- Luallen v. Department of Human Resources 
Willie Hawkins v. Department of Human Resources 

A. Sellen v. Department of Human Resources 
lohn E \&das v. Department of Human Resources 
Gary T. Hudson v. Department of Human Resources 
Alton E. Simpson Jr. v. Department of Human Resources 
lohnny T. Usher v. Department of Human Resources 
m H. Maxwell v. Department of Human Resources 
Charles Darrell Matthews v. Department of Human Resources 
John William \fence Jr. v. Department of Human Resources 
Bobby R. Sanders v. Department of Human Resources 
Michael S. Rhynes v. Department of Human Resources 
Gerry Bernard Whitfield v. Department of Human Resources 
Denise L. Smith v. Department of Human Resources 
Brian Gilmore v. Department of Human Resources 
Jesse Jeremy Bullock v. Department of Human Resources 
Jeffrey Alston v. Department of Human Resources 
Ronald E. Loweke v. Department of Human Resources 
Robert D. Parker v. Department of Human Resources 
Charles F. McKirahan Jr. v. Department of Human Resources 
Berime E. Hicks v. Department of Human Resources 
Herbert Council v. Department of Human Resources 
Richard Rachel v. Department of Human Resources 
Alan V Teubert v. Department of Human Resources 
Henry L. Ward Jr. v. Department of Human Resources 
June V. Pettus v. Department of Human Resources 
Benjamin J. Stroud v. Department of Human Resources 
Charles Leonard Fletcher v. Department of Human Resources 
Tony A. Miles v. Department of Human Resources 
Dwayne L. Allen v. Department of Human Resources 
Earl Newkirk Jr. v. Department of Human Resources 
Reginald Rorie v. Department of Human Resources 
James Edward Penley v. Department of Human Resources 
Joe C. Dean v. Department of Human Resources 
Vernon Bullock v. Department of Human Resources 
Nathaniel L. Hayes v. Department of Human Resources 
Jessie Liles v. Department of Human Resources 
Raymond Scott Eaton v. Department of Human Resources 
Karen M. Stogner v. Department of Human Resources 
Nelson Fowler Jr. v. Department of Human Resources 
Royston D. Blandfbrd IE v. Department of Human Resources 
Kenneth B. Taylor v. Department of Human Resources 
Jeffrey S. Anderson v. Department of Human Resources 
Ronald Erwin Williams v. Department of Human Resources 
Michael L. Franks v. Department of Human Resources 
Donnie W. Craghead v. Department of Human Resources 
Billy D. Gibson v. Department of Human Resources 
Ronald Garrett v. Department of Human Resources 
Ervin C. Harvey v. Department of Human Resources 
Wanda Jean Lee Daniels v. Department of Human Resources 
Charles E. Colston v. Department of Human Resources 
Daron Wayne Smith v. Department of Human Resources 
Maurice Franks v. Department of Human Resources 
John D. Melton v. Department of Human Resources 
Michael Lynn Jones v. Department of Human Resources 
Grayson Kelly Jones v. Department of Human Resources 
Larry Hayes v. Department of Human Resources 
Richard Eugene Dunn v. Department of Human Resources 
Warren F. Welch v. Department of Human Resources 



CASE 




DATE OF PUBLISHED DECISION 


NUMBER 


Al.J 


DECISION REGISTER CITATION 


93 CSE 1568 


Morrison 


04/28/94 


93 CSE 1569 


Morrison 


05/13/94 


93 CSE 1570 


Morrison 


08/26/94 


93 CSE 1571 


Morrison 


05/13/94 


93 CSE 1572 


Reilly 


07/07/94 


93 CSE 1573 


Reilly 


09/23/94 


93 CSE 1574 


Reilly 


09/01/94 


93 CSE 1576 


West 


04/19/94 


93 CSE 1579 


West 


04/19/94 


93 CSE 1583 


Nesnow 


06/16/94 


93 CSE 1585 


Morgan 


08/02/94 


93 CSE 1586 


Morgan 


08/02/94 


93 CSE 1589 


Becton 


11/08/94 


93 CSE 1590 


Bee ton 


09/23/94 


93 CSE 1591 


Becton 


04/20/94 


93 CSE 1592 


Chess 


05/19/94 


93 CSE 1594 


Chess 


06/30/94 


93 CSE 1596 


West 


06/13/94 


93 CSE 1597 


Becton 


05/13/94 


93 CSE 1598 


Nesnow 


07/25/94 


93 CSE 1599 


Nesnow 


06/30/94 


93 CSE 1601 


Gray 


10/14/94 


93 CSE 1603 


Chess 


08/18/94 


93 CSE 1615 


Chess 


05/13/94 


93 CSE 1632 


Morrison 


06/14/94 


93 CSE 1634 


Morrison 


09/28/94 


93 CSE 1635 


Reilly 


06/17/94 


93 CSE 1637 


Reilly 


06/29/94 


93 CSE 1640 


West 


06/14/94 


93 CSE 1641 


Nesnow 


07/25/94 


93 CSE 1643 


Nesnow 


07/25/94 


93 CSE 1644 


Morgan 


08/02/94 


93 CSE 1645 


Morgan 


08/10/94 


93 CSE 1646 


Morgan 


08/02/94 


93 CSE 1647 


Becton 


10/31/94 


93 CSE 1648 


Becton 


05/19/94 


93 CSE 1649 


Becton 


07/20/94 


93 CSE 1654 


Mann 


05/24/94 


93 CSE 1655 


Mann 


05/17/94 


93 CSE 1680 


Morrison 


08/26/94 


93 CSE 1683 


Gray 


10/14/94 


93 CSE 1714 


Mann 


09/26/94 


93 CSE 1715 


Gray 


05/23/94 


93 CSE 1743 


Nesnow 


07/07/94 


93 CSE 1749 


Nesnow 


11/09/94 


93 CSE 1757 


Morgan 


08/02/94 


93 CSE 1761 


Becton 


06/29/94 


93 CSE 1785 


Chess 


11/08/94 


94 CSE 0039 


Mann 


10/10/94 


94 CSE 0095 


West 


04/19/94 


94 CSE 0113 


Becton 


10/11/94 


94 CSE 0114 


Chess 


11/04/94 


94 CSE 0141 


Becton 


09/23/94 


94 CSE 0142 


Chess 


08/16/94 


94 CSE 0163 


Mann 


09/26/94 


94 CSE 0166 


Mann 


09/26/94 


94 CSE 0227 


Reilly 


08/22/94 


94 CSE 0247 


Becton 


08/22/94 


94 CSE 0266 


Morgan 


08/02/94 


94 CSE 02?0 


Reilly 


08/30/94 


94 CSE 0300 


Gray 


06/27/94 


94 CSE 0310 


West 


10/27/94 


94 CSE 0324 


Nesnow 


07/25/94 


94 CSE 0402 


Morgan 


08/02/94 


94 CSE 0433 


West 


09/15/94 


94 CSE 0456 


Nesnow 


08/ac/94 


94 CSE 0494 


West 


07/29/94 


94 CSE 0541 


Mann 


11/09/94 



9:18 



NORTH CAROLINA REGISTER 



December 15, 1994 



1493 



CONTESTED CASE DECISIONS 








CASE 




DATE OF 


PUBLISHED DECISION 


AGENCY 


NUMBER 


ALJ 


DECISION 


REGISTER CITATION 


Timothy R. Abraham v. Department of Human Resources 


94 CSE 0595 


Reilly 


10/12/94 




Fred Thompson Jr. v. Department of Human Resources 


94 CSE 0639 


Morrison 


08/31/94 




Donell Howard v. Department of Human Resources 


94 CSE 0672 


Reilly 


10/27/94 




JUSTICE 











Alarm Systems Licensing Board 

Alarm Systems Licensing Board v. George P. Baker 
I^trick P. Sassman v. Alarm Systems Licensing Board 
Christopher Pate v. Alarm Systems Licensing Board 
Paul J. Allen v. Alarm Systems Licensing Board 

Private Protective Services Board 

Rex Allen Jefferies v. Private Protective Services Board 
Larry C. Hopkins v. Private Protective Services Board 
Gregory K. Brooks v. Private Protective Services Board 
Stephen M. Rose v. Private Protective Services Board 
Lemuel Lee Clark Jr. v. Private Protective Services Board 
Dexter R. Usher v. Private Protective Services Board 
Frankie L. McKoy v. Private Protective Services Board 
John F. Carmichael v. Private Protective Services Board 
Michael L. Bonner v. Private Protective Services Board 
Johnny R. Dollar v. Private Protective Services Board 

Training and Standards Division 

Curtiss Lance Poteat v. Criminal Justice Ed. & Training Stds. Comm. 
Willie David Moore v. Criminal Justice Ed. &. Training Stds. Comm. 
Glenn Travis Stout v. Criminal Justice Ed. & Training Stds. Comm. 
Steven W. Wray v. Sheriffs Education & Training Standards Comm. 
J. Stevan North v. Sheriffs' Education & Training Standards Comm. 
Gregory Blake Manning v. Criminal Justice Ed. & Training Stds. Comm. 
Russell Pinkelton Jr. v. Sheriffs' Education & Training Stds. Comm. 
William Franklin Sheetz v. Sheriffs' Education &. Training Stds. Comm. 
James M. Buie v. Criminal Justice Ed. & Training Stds. Comm. 
Burns E. Anderson v. Criminal Justice Ed. & Training Stds. Comm. 
Nelson Falcon v. Sheriffs' Education &. Training Stds. Comm. 

LABOR 

Ronald D. Rumple D/B/A R&R Lawn & Landscaping v. Department 
of Labor, Wage & Hour Division 

MORTUARY SCIENCE 

Mortuary Science v. Perry J. Brown, & Brown's Funeral Directors 

PUBLIC EDUCATION 

Christopher Murch as Guardian Ad Litem for Angela D. Murch, a Minor 
v. Barbara Richardson, Admin. Except. Child. Prog.; Craven Cty School 
Sys.; Bradford L. Sneeden, Superintendent 
Nancy Watson v. Board of Education 
Janet L. Wilcox v. Carteret County Board of Education 
Annice Granville, Phillip J. Granville v. Onslow County Bd. of Education 
Milt Sherman &. Rose Marie Sherman v. Pitt County Board of Education 
Mary Ann Sciullo & Frank Sciullo on behalf of their minor child, 

Samuel W. Sciullo v. State Board of Education 
Wayne Hogwood v. Department of Public Instruction 
Norman Charles Creange v. State Bd. of Ed., Dept. of Public Instruction 



93 DOJ 0457 


Nesnow 


03/10/94 


94 DOJ 0709 


Chess 


09/12/94 


94 DOJ 0710 


Chess 


09/12/94 


94 DOJ 0964 


West 


10/31/94 



93 DOJ 0647 


Reilly 


08/01/94 


93 DOJ 1618 


Morrison 


03/07/94 


94 DOJ 0008 


Nesnow 


06/28/94 


94 DOJ 0359 


Nesnow 


05/19/94 


94 DOJ 0360 


Nesnow 


05/19/94 


94 DOJ 0648 


Reilly 


08/15/94 


94 DOJ 0706 


Chess 


09/09/94 


94 DOJ 0707 


West 


12/01/94 


94 DOJ 0794 


Morrison 


09/14/94 


94 DOJ 0796 


Morrison 


08/24/94 



93 DOJ 0231 


Chess 


03/28/94 


93 DOJ 1071 


Nesnow 


04/11/94 


93 DOJ 1409 


Gray 


03/03/94 


93 DOJ 1803 


Chess 


06/29/94 


94 DOJ 0040 


Chess 


06/16/94 


94 DOJ 0048 


Gray 


03/29/94 


94 DOJ 0118 


Gray 


08/10/94 


94 DOJ 0196 


Chess 


06/16/94 


94 DOJ 0401 


Nesnow 


08/26/94 


94 DOJ 0574 


Bee ton 


10/04/94 


94 DOJ 0611 


Mann 


08/12/94 



94 DOL 0956 



93 BMS 0532 



Reilly 



Chess 



11/01/94 



03/28/94 



93 EDC 0161 


Mann 


11/28/94 


93 EDC 0234 


Chess 


02/28/94 


93 EDC 0451 


Mann 


02/21/94 


93 EDC 0742 


Mann 


08/01/94 


93 EDC 1617 


West 


11/29/94 


94 EDC 0044 


Gray 


07/22/94 


94 EDC 0653 


West 


10/20/94 


94 EDC 0737 


Morrison 


11/04/94 






9:3 NCR 218 



9:15 NCR 1234 



9:2 NCR 108 
9:11 NCR 863 



9:16 NCR 1326 



1494 



NORTH CAROLINA REGISTER 



December 15, 1994 



9:18 



CONTESTED CASE DECISIONS 



AGENCY 



TATE HEALTH BENEFITS OFFICE 

inda C. Campbell v. Teaches & St Emp Major Medical Plan 
imothy L. Coggins v. Teaches' & St Emp Comp Major Med Plan 
andra Tatum v. Teachers & State Employees Comp Major Medical Plan 
H.B. v. Teaches & State Employees Comp Major Medical Plan 

TATE PERSONNEL 



CASE 
NUMBER 



93 OSP 1690 



ichael L. K. Benson v. Office of State Personnel 

gricultural and Technical State University 

.inda D. Williams v. Agricultural and Technical State University 
nanita D. Murphy v. Agricultural and Technical State University 
nomas M. Simpson v. Agricultural and Technical State University 
ricella M. Curtis v. A&T State University Curriculum & Instruction 

department of Agriculture 

)onald H. Crawfoid v. Department of Agriculture 

VC School of the Arts 

lick McCullough v. Search Comm School/Dance, NC School of the Arts 94 OSP 051 1 

Vutner Adolescent Treatment Center 



94 OSP 0108 



Mvin Lamonte Breeden v. Butner Adolescent Treatment Center 

Catawba County 

Sandra J. Cunningham v. Catawba County 

North Carolina Central University 

Dianna Blackley v. North Carolina Central University 
Ha-Yilyah Ha-She'B v. NCCU 



94 OSP 0899 



93 OSP 1097 



89 OSP 0494 
93 OSP 0875 



Chapel Bill & Carrboro City School 

Brenda J. Parker v. Stella Nickerson, Chapel Hill & Carrboro City School 94 OSP 0568 

Cherry Hospital 



Charles E Fields v. Cherry Hospital 

Gail Marie Rodgers Lincoln v. Cherry Hospital, Goldsboro, NC 27530 

Department of Commerce 

Ruth Daniel-Perry v. Department of Commerce 

Department of Correction 

Leland K. Williams v. Department of Correction 

Elroy Lewis v. North Central Area - Dept of Correction, Robert Lewis 

Steven R. Kellison v. Department of Correction 

Bert Esworthy v. Department of Correction 

James J. Lewis v. Department of Correction 

Merron Burrus v. Department of Correction 

Lewis Alsbrook v. Department of Correction, Morrison Youth Institution 

Junius C. Page v. Dept. of Correction, Secy. Franklin Freeman 

Grady Butler, Jr. v. Correction, Div./Prisons, Sampson Cty Ctl Laundry 

Richard Hopkins v. Department of Correction 

Alfred B. Hunt v. Department of Correction 

Charles Home v. Equal Emp. Opportunity Officer & Dept. of Correction 

Adrian E. Graham v. Intensive Probation/Parole 

Thomas W Creswell, Lisa K. Bradley v. Department of Correction 



94 OSP 0498 
94 OSP 0578 



93 OSP 0725 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



93 INS 0410 


Bee ton 


04/22/94 






93 INS 0929 


Morrison 


03/04/94 






94 INS 0028 


Gray 


10/25/94 


9:16 NCR 


1331 


94 INS 0345 


Gray 


08/23/94 


9:12 NCR 


945 



Nesnow 



Reilly 



West 



Nesnow 



Reilly 



Nesnow 
Bee ton 



West 



Morrison 
West 



Chess 



08/23/94 



93 OSP 0089 


Chess 


03/23/94 


93 OSP 0708 


Morrison 


03/16/94 


93 OSP 1393 


Gray 


03/24/94 


94 OSP 0748 


Gray 


08/17/94 



05/23/94 



10/14/94 



10/12/94 



04/29/94 



09/14/94 
04/13/94 



10/06/94 



06/15/94 
10/07/94 



03/04/94 



91 OSP 1287 


Chess 


02/22/94 


92 OSP 1770 


Bee ton 


05/24/94 


93 OSP 0283 


Chess 


06/15/94 


93 OSP 0711 


Chess 


04/21/94 


93 OSP 1121 


West 


08/31/94 


93 OSP 1145 


West 


09/30/94 


93 OSP 1739 


West 


07/20/94 


93 OSP 1794 


Mann 


07/08/94 


93 OSP 1804 


West 


11/30/94 


94 OSP 0041 


Chess 


06/16/94 


94 OSP 0243 


Reilly 


04/20/94 


94 OSP 0244 


Nesnow 


06/16/94 


94 OSP 0261 


Morrison 


04/26/94 


94 OSP 0407** 


Chess 


09/28/94 



9:4 NCR 292 



9:3 NCR 211 



9:1 NCR 63 



9:6 NCR 395 



9:18 



NORTH CAROLINA REGISTER 



December 15, 1994 



1495 



CONTESTED CASE DECISIONS 



AGENCY 



Thomas W. Crcswell, Lisa K. Bradley v. Department of Correction 
Barry Lee Clark v. Department of Correction 
Marietta A. Staneil v. Department of Correction 
Edward E. Hodge v. Department of Correction 
Phyllis K. Cameron v. Department of Correction 

Eastern Correctional Institution 



CASE 




DATE OF 


NUMBER 


ALJ 


DECISION 


94 OSP 0408 * 


Chess 


09/28/94 


94 OSP 0437 


Chess 


09/12/94 


94 OSP 0652 


West 


11/22/94 


94 OSP 0829 


Nesnow 


09/15/94 


94 OSP 0896 


Nesnow 


10/27/94 



PUBLISHED DECISION 
REGISTER CITATION 



Roy A. Keel & Zebedee Taylor v. Eastern Correctional Institution 
Roy A. Keel & Zebedee Taylor v. Eastern Correctional Institution 

Guilford Correctional Center 
Ann R. Williams v. Guilford Correctional Center #4440 

McDowell Correctional Center 
Michael Junior Logan v. Kenneth L. Setzer, McDowell Coir. Ctr. 

Polk Youth Institution 

Joseph Mark Lewanowicz v. Department of Correction, Polk Youth Inst. 

Cosmetic Art Examiners 

Mary Quaintance v. N.C. State Board of Cosmetic Art Examiners 

Department of Crime Control and Public Safety 

Don R. Massenburg v. Department of Crime Control & Public Safety 
Fred L. Kearney v. Department of Crime Control & Public Safety 
J.D. Booth v. Department of Crime Control & Public Safety 
Sylvia Nance v. Department of Crime Control & Public Safety 
Anthony R. Butler v. Highway Patrol 

Ruth P. Belcher v. Crime Control & Public Safety, State Highway Patrol 
Lewis G. Baker v. Crime Control & Public Safety, Office Adj. General 
William Smith v. State Highway Patrol 

Dorothea DLx Hospital 

Bettie Louise Boykin v. Dorothea Dix Hospital 

Ernest Akpaka v. Scott Stephens, Dorothea Dix Hospital 

Durham County Health Department 

Lylla Denell Stockton v. Durham County Health Department 

East Carolina School of Medicine 

Gloria Dianne Burroughs v. ECU School of Medicine 
Lillie Mercer Atkinson v. ECU, Dept of Comp. Med., 

Dr. William H. Pryor Jr., Sheila Church 
William Lee Perkins v. ECU Sch of Med. Comp. Med. L. Blankenship, 

Tammy Barnes, Wm Pyroe 

Elizabeth City State University 

James Charles Knox v. Elizabeth City State University 

Employment Security Commission of North Carolina 

Dan G. Smith v. Employment Security Commission of N.C. 
Rejeanne B. LeFrancois v. Employment Security Commission of N.C. 

Department of Environment, Health, and Natural Resources 

Steven P. Karasinski v. Environment, Health, and Natural Resources 



94 OSP 0160** 
94 OSP 0256* 4 



94 OSP 0428 



94 OSP 0546 



94 OSP 0926 



94 OSP 0372 



94 OSP 0831 
94 OSP 0962 



93 OSP 1780 



Nesnow 
Nesnow 



West 



Nesnow 
Gray 



Gray 



07/20/94 
07/20/94 



06/22/94 



Gray 09/01/94 



Nesnow 11/07/94 



Chess 06/14/94 



90 OSP 0239 


Chess 


04/28/94 


91 OSP 0401 


West 


03/18/94 


92 OSP 0953 


Morrison 


10/18/94 


92 OSP 1463 


Reilly 


03/21/94 


93 OSP 1079 


West 


08/30/94 


94 OSP 0190 


Gray 


09/06/94 


94 OSP 0572 


Mann 


07/12/94 


94 OSP 0816 


Morrison 


09/09/94 



09/28/94 
11/01/94 



05/25/94 



93 OSP 0909 


Bee ton 


10/26/94 


94 OSP 0162 


Gray 


10/06/94 


94 OSP 0741 


West 


09/30/94 



94 OSP 0207 Gray 06/17/94 



93 OSP 0865 Becton 11/23/94 

93 OSP 1069 West 04/08/94 



93 OSP 0940 West 09/02/94 



1496 



NORTH CAROLINA REGISTER 



December 15, 1994 



9:18 



CONTESTED CASE DECISIONS 



CASE 
NUMBER 



92 OSP 1454 



86 OSP 0202 
93 OSP 0487 



AGENCY 

Division of Marine Fisheries 

/illiam D. Nicely v. Environment, Health, & Natural Resources 

ayetteville State University 

lessie Carpenter Locus v. Fayetteville State University 
toscoe L. Williams v. Fayetteville Stale University 

department of Human Resources 



nez Latta v. Department of Human Resources 93 OSP 0830 

rharla S. Davis v. Department of Human Resources 93 OSP 1762 

lose Mary Taylor v. Department of Human Resources, Murdoch Center 93 OSP 0047 

)avid R. Rodgers v. Jimmy Summerville, Stonewall Jackson School 94 OSP 0087 

)r. Patricia Sokol v. James B. Hunt, Governor and Human Resources 94 OSP 0357 

Jruce B. Blackmon, M.D. v. DHR, Disability Determination Services 94 OSP 0410 

Crawn County Department of Social Services 



Shirley A. Holland v. Craven Cty. Dept. /Social Services &. Craven Cty. 
Nettie Jane Godwin (Lawhorn) v. Craven Cty. DSS & Craven Cty. 
violet P. Kelly v. Craven Cty. Dept. of Social Services & Craven Cty. 

Durham County Department of Social Senices 

Belinda F. Jones v. Daniel Hudgins, Durham Cty Dept of Social Svcs 
Ralph A. Williams v. Durham County Department of Social Services 

Haywood County Department of Social Senices 
Dorothy Morrow v. Haywood County Department of Social Services 

Pamlico County Department of Social Senices 
Mrs. Dietra C. Jones v. Pamlico Department of Social Services 

Lee County Health Department 
James Shackleton v. Lee County Health Department 

Medical Assistance 

Delores Y. Bryant v. DHR, Division of Medical Assistance 
Delores Y. Bryant v. DHR, Division of Medical Assistance 

Mental Health/Mental Retardation 
Yvonne G. Johnson v. Blue Ridge Mental Health 

Services for the Blind 
Donna L. Williams v. DHR, Division of Services for the Blind 



ALJ 



DATE OF 
DECISION 



93 OSP 0728 

94 OSP 0167 



94 OSP 0186 



94 OSP 0251 



94 OSP 0344 



94 OSP 0991 
94 OSP 0992 



93 OSP 1604 



93 OSP 1610 



V\ake County Mental Health, Developmental Disabilities, and Substance Abuse Senices 
Julia Morgan Brannon v. Wake County MH/DD/SAS 94 OSP 0214 

Wtyne County Department of Social Senices 

Brently Jean Carr, Nancy Carol Carter v. Wayne County/Wryne 94 OSP 0539** 

County Department of Social Services 
Brently Jean Carr, Nancy Carol Carter v. Wayne County/Wayne 94 OSP 0540* 8 

County Department of Social Services 

Youth Services 
David R. Rodgers v. DHR, Div./Youth Services, Stonewall Jackson Sch. 94 OSP 0306 



Becton 05/04/94 



Morrison 11/18/94 
West 06/22/94 



Becton 03/28/94 

Gray 03/03/94 

Gray 05/06/94 

Chess 03/16/94 

Chess 08/22/94 

Nesnow 09/14/94 



PUBLISHED DECISION 
REGISTER CITATION 



9:5 NCR 333 



9:18 NCR 1500 



93 OSP 1606 


Gray 


07/01/94 






93 OSP 1607 


Gray 


07/18/94 


9:9 NCR 


655 


93 OSP 1805 


Reilly 


07/05/94 







Chess 
Reilly 



West 



Chess 



Gray 



Gray 
Gray 



Becton 



04/11/94 
09/13/94 



06/17/94 



08/09/94 



08/17/94 



10/27/94 
10/27/94 



03/18/94 



Morrison 10/25/94 



Reilly 

Mann 
Mann 



04/14/94 



11/07/94 
11/07/94 



Chess 10/24/94 



9:18 



NORTH CAROLINA REGISTER 



December 15, 1994 



1497 



CONTESTED CASE DECISIONS 



■ 



AGENCY 



Justice 

Delores Y. Bryant v. Department of Justice 

Public Instruction 

Elaine M. Sills v. Department of Public Instruction 
Delores Y. Bryant V. Department of Public Instruction 
Delores Y. Bryant v. Department of Public Instruction 

Real Estate Appraisal Board 

Earl Hansford Grubbs v. Appraisal Board 

Smoky Mountain Center 

Betty C. Bradley v. Smoky Mountain Center 

N.C. State University 

Laura K. Reynolds v. N.C. State University - Dept. of Public Safety 

Ashraf G. Khalil v. N.C.S.U 

Robin Lazenby Boyd v. NC State University Human Res. /Seafood Lab 

Department of Transportation 

Phyllis W. Newnam v. Department of Transportation 

Glenn I. Hodge Jr. v. Samuel Hunt, Sec'y. Dept. of Transportation 

Glenn I. Hodge Jr. v. Samuel Hunt, Sec'y. Dept. of Transportation 

Betsy Johnston PdwcII v. Department of Transportation 

Arnold Craig v. Samuel Hunt, Secretary Department of Transportation 

Susan H. Cole v. Department of Transportation, Div. of Motor Vehicles 

Susan H. Cole v. Department of Transportation, Div. of Motor Vehicles 

Clyde Lem Hairston v. Department of Transportation 

Angela Trueblood Westmoreland v. Department of Transportation 

Bobby R. Mayo v. Department of Transportation 

Tony Lee Curtis v. Department of Transportation 

Darrell H. Wise v. Department of Transportation 

Henry C. Puegh v. Department of Transportation 

Kenneth Ray Harvey v. Department of Transportation 

Jean Williams v. Department of Transportation 

Bobby R. Mayo v. Department of Transportation 

Michael Bryant v. Department of Transportation 

Pearlie M. Simuel -Johnson v. Department of Transportation 

University of North Carolina at Chapel Hill 

William Paxil Fearnngton v. University of North Carolina at Chapel Hill 
Paulette M. McKoy v. University of North Carolina at Chapel Hill 
F^ulette M. McKoy v. University of North Carolina at Chapel Hill 
Eric W. Browning v. UNC-Chapel Hill 
Beth Anne Miller, R.N.-C v. UNC James A. Taylor Std Health Svc. 

University of North Carolina at Greensboro 

James S. Wilkinson v. UNCG Police Agency 

UNC Hospitals 

Barry Alonzo Nichols v. UNC Hospitals Central Dist. Sect. 

Wake County School System 

Lula Mae Freeman v. Wake County School System 

The Whitaier School 

Dwsyne R. Cooke v. The Whi taker School 



CASE 
NUMBER 



94 OSP 0984 



94 OSP 0781 
94 OSP 0981 
94 OSP 0982 



94 OSP 0753 



93 OSP 1505 



ALJ 



Gray 



DATE OF 
DECISION 



10/27/94 



PUBLISHED DECISION 
REGISTER CITATION 



Gray 10/06/94 

Gray 11/28/94 

Gray 11/28/94 



Nesnow 



Bee ton 



93 OSP 0850 



94 OSP 0509 



94 OSP 0576 



94 OSP 0328 



Chess 



08/24/94 



09/26/94 



92 OSP 0828 


Morgan 


05/26/94 


93 OSP 1666 


Nesnow 


09/19/94 


94 OSP 0779 


Nesnow 


12/01/94 



92 OSP 1799 


Morgan 


08/11/94 


93 OSP 0297* 1 


Morrison 


03/10/94 


93 OSP 0500* 


Morrison 


03/10/94 


93 OSP 0550 


Morrison 


03/28/94 


93 OSP 0586 


Nesnow 


07/11/94 


93 OSP 0908 


Morrison 


07/15/94 


93 OSP 0908 


Morrison 


10/07/94 


93 OSP 0944 


Chess 


02/28/94 


93 OSP 1001 


Morrison 


09/30/94 


93 OSP 1004 


Nesnow 


09/01/94 


93 OSP 1037 


Reilly 


08/26/94 


93 OSP 1353 


Gray 


07/26/94 


93 OSP 1710 


Nesnow 


05/24/94 


94 OSP 0423 


Morrison 


08/17/94 


94 OSP 0502 


Morrison 


11/22/94 


94 OSP 0632 


Gray 


08/23/94 


94 OSP 0728 


Chess 


08/15/94 


94 OSP 0844 


Gray 


11/14/94 



91 OSP 0905 


Reilly 


10/19/94 


92 OSP 0380*" 


Bee ton 


10/24/94 


92 OSP 0792*" 


Bee ton 


10/24/94 


93 OSP 0925 


Morrison 


05/03/94 


94 OSP 0800 


Nesnow 


09/26/94 



08/22/94 



Morrison 06/15/94 



Morrison 06/28/94 






9:14 NCR 1141 



9:1 
9:1 



NCR 
NCR 



60 
60 



9:14 NCR 1136 



9:18 NCR 1504 



9:5 NCR 



342 



Chess 



06/02/94 



1498 



NORTH CAROLINA REGISTER 



December 15, 1994 



9:18 



CONTESTED CASE DECISIONS 



CASE 
NUMBER 



93 OSP 0947 
93 OSP 0953 



agency 



inston-Salem State University 

avid Phillip Davis v. Winston-Salem Stale University 

>nny M. Jarrett v. Winston-Salem State University Campus Police 

TATE TREASURER 

etirement Systems Division 

oily Wiebenson v. Bd./Trustees/Teacheis' & State Employees' Ret. Sys. 
idith A. Dorman v. Bd./Trustees/Teacheis' & State Employees' Ret. Sys. 
athan Fields v. Bd./Trustees/Teacheis' & State Employees' Ret. Sys. 
>hn C. Russell v. Bd./Trustees/Teacheis' & State Employees' Ret. Sys. 
larion Franklin Howell v. Teachem' &. State Employees' Retirement Sys. 
obert A. Slade v. Bd./Trustees/N.C. Local Govtl. Emp. Ret. System 
onnie B. Grant v. Bd./Trustees/Teacheis' & State Employees' Ret. Sys. 
imes E. Walker, Ind. & Admin for the Estate of Sarah S. Walker v. Bd./ 
Trustees/N.C. Local Govt. Emp. Ret. System 

lizabeth M. Dudley v. Bd./Trustees/Teacheis' & State Emps' Ret. Sys. 
enneth A. Glenn v. Bd. /Trustees/Teachers' &. St Employees' Ret. Sys. 
>seph Fulton v. Bd./Trustees/Teacheis' & State Employees' Ret. Sys. 
>eborah W Stewart v. Bd./Trustees/Teacheis' & State Employees' 
Ret. Sys. and Anthony L. Hope & Derrick L. Hope 

"RANSPORTATION 



aylor& Murphy Construction Co. , Inc. v. Department of Transportation 93 DOT 1404 
INTVERSITY OF NORTH CAROLINA 



leather Anne Porter v. State Residence Committee 
Jixon Omolodun v. UNC Physicians and Associates 



92 UNC 0799 
94 UNC 0295 



ALJ 



Reilly 
Reilly 



DATE OF 
DECISION 



09/28/94 
09/12/94 



PUBLISHED DECISION 
REGISTER CITATION 



92 DST 0015 


Morgan 


05/26/94 


9:6 NCR 


403 


92 DST 0223 


Morgan 


08/11/94 






93 DST 0161 


Morrison 


05/18/94 






93 DST 0164 


West 


03/07/94 






93 DST 0475 


Nesnow 


08/04/94 


9:12 NCR 


941 


93 DST 0785 


Bee ton 


03/18/94 


9:1 NCR 


68 


93 DST 0883 


Chess 


06/15/94 






93 DST 1054 


Bee ton 


05/31/94 


9:7 NCR 


490 


93 DST 1474 


Nesnow 


03/28/94 






93 DST 1612 


Morrison 


05/18/94 






93 DST 1731 


Bee ton 


05/25/94 






94 DST 0045 


Nesnow 


07/25/94 


9:10 NCR 


768 



Chess 



Nesnow 
Chess 



08/24/94 



08/23/94 
06/27/94 



1 9:18 



NORTH CAROLINA REGISTER 



December 15, 1994 



1499 



CONTESTED CASE DECISIONS 






STATE OF NORTH CAROLINA 



COUNTY OF CUMBERLAND 



EM THE OFFICE OF 
ADMINISTRATIVE HEARINGS 

86 OSP 0202 



BESSEE CARPENTER LOCUS 

Petitioner, 



FAYETTEVILLE STATE UNTVERSITY 
Respondent. 




This matter came on for hearing before Fred G. Morrison, Jr. , Senior Administrative Law Judge, on 
Respondent's motion for summary judgment. 

Based on the record, the Administrative Law Judge notes the following 

CASE HISTORY 

1. In the summer of 1986, Petitioner, Bessie Carpenter Locus, an employee of Respondent, Fayetteville 
State University, filed a petition requesting a contested case hearing from the Office of Administrative 
Hearings. In that petition, she stated that she had been retaliated against for filing a discrimination 
complaint against a university official. 

2. In a letter dated August 12, 1986, shortly after filing the petition, Petitioner wrote and asked 

to defer my petition because I have filed a federal suit against Fayetteville 
State University. Presently, it is pending in federal court. 

In the same letter, Petitioner stated that she had resigned from FSU on August 1, 1986. 

3. Several days later, an attorney for Petitioner wrote a similar letter, and in early September 
Respondent filed a motion to stay the contested case. 

4. On September 10, 1986, Administrative Law Judge Angela R. Bryant entered an order staying the 
case until the conclusion of the federal litigation, and noting that the federal case "involvfed] the same 
matters and issues that are raised in this case." 

5. The federal complaint had been filed in May 1986. It named Fayetteville State University as a 
defendant and included a variety of claims, including retaliation. 

6. In May 1988, the U.S. District Court dismissed Petitioner's claims against the individual defendants. 
Locus £ Fayetteville State University , 1988 WL 156735 (E.D.N.C. May 20, 1988). Petitioner 
appealed that dismissal to the U.S. Court of Appeals for the Fourth Circuit, which upheld the ruling 
in March 1989. Locus v. Fayetteville State University . 870 F2d 655 (4th Cir. 1989) (table). 

7. In September 1988, Petitioner filed a complaint in Cumberland County Superior Court against 
Fayetteville State University and several individuals. That complaint raised a number of claims, 
including constructive discharge in retaliation for discrimination complaints. 



1500 



NORTH CAROLINA REGISTER 



December 15, 1994 



9:18 



CONTESTED CASE DECISIONS 



8. The complaint included allegations such as the following: 

71. ... conditions of employment as created by the Defendants constituted 

constructive and wrongful discharge in retaliation for the Plaintiff filing an 
EEOC Complaint against the Defendants. 

1 71 of Complaint, included at p 17 of Record on Appeal of Locus _v. Favetteville State University, 
et aL, No. 9212SC111 (N.C. Ct. App.). 

9. In November 1989, after a trial of Petitioner's federal case, the U.S. District Court ruled for 
Respondent. Petitioner appealed that decision to the U.S. Court of Appeals for the Fourth Circuit, 
which affirmed in 1991. Locus v, Favetteville State University , 922 F.2d 836 (4th Cir. 1991). She 
then petitioned the Supreme Court of the United States, which declined to grant certiorari. Locus v. 
Favetteville State University , — U.S. — , 112 S.Ct. 181, 116 L.Ed. 2d 143 (1991). 

10. Meanwhile, back in December 1989, a month after the trial of Petitioner's federal case, her state case 
came before the Cumberland County Superior Court. The superior court granted defendants' 
dispositive motions. 

11. Petitioner appealed the superior court's ruling to the North Carolina Court of Appeals; in April 1991 , 
that court reversed the superior court and remanded the case. Locus y^ Favetteville State University, 
et aL, 102 N.C. App. 522, 402 S.E.2d 862 (1991). 

12. On remand, in June 1991, the Cumberland County Superior Court granted summary judgment for the 
defendants. One of the grounds for that court's decision was that several of Petitioner's claims — 
including a retaliation claim — were precluded by the federal action. The Superior Court, per the 
Hon. Joe Freeman Britt, noted that 

a federal judgment bars action in the courts of the State of North Carolina 
as to all matters which were or should have been adjudicated in federal 
court. 

Locus y Favetteville State University, et aL, No. 88 CVS 4691, Slip op. at 9 (June 4, 1991) 
(Cumberland County Super. Ct.) (citation omitted; emphasis added by Judge Britt). 

13. Again Petitioner appealed to the North Carolina Court of Appeals. The Court of Appeals affirmed 
the superior court's decision. In reaching its decision, the Court of Appeals wrote the following 
passage: 

plaintiff asserted a claim for 'constructive and wrongful discharge in 

retaliation for . . . filing an EEOC Complaint' [That claim], 

however, is a claim that could and should have been brought in her federal 
suit. . . . We find that the doctrine of res judicata operates to bar plaintiffs 
claim in state court. 

Locus y, Favetteville State University, et aL, No. 9212SC111, Slip op. at 18-19 (Sept. 7, 1993) 
(N.C. Ct. App.). 

14. Petitioner petitioned the North Carolina Supreme Court to review that decision, but the Supreme 
Court denied the petition in December 1993. Locus y^ Favetteville State University, et aL, 335 N.C. 
557, 439 S.E.2d 148 (1993). 

15. In September 1994, Respondent filed a motion for summary judgment in this contested case on 
grounds of res judicata. 



9:18 NORTH CAROLINA REGISTER December 15, 1994 1501 



CONTESTED CASE DECISIONS 



16. In response, Petitioner argues that her retaliation claim has never been adjudicated on the merits. 

Based on the foregoing case history, the Administrative Law Judge makes the following 

CONCLUSIONS OF LAW 

1 . Because Petitioner claims that she was retaliated against for her opposition to alleged discrimination, 
the State Personnel Commission and the Office of Administrative Hearings have jurisdiction. N.C. 
Gen. Stat. §§ 126-36. 

2. Summary judgment is proper when "the pleadings and other materials . . . show that there is no 
genuine issue of material fact and that a party is entitled to judgment as a matter of law. " Broadway 
v. Blythe Industries, Inc. , 313 N.C. 150, 153, 326 S.E.2d 266 (1985) (quoting Kessing v. Mortgage 
Corp. , 278 N.C. 523, 180 S.E.2d 823 (1971)). Res judicata is proper grounds for granting summary 
judgment. See Bockweg v, Anderson , 333 N.C. 486, 491, 328 S.E.2d 157 (1993) (affirming 
summary judgment — granted on res judicata grounds). 

3. Under the doctrine of res judicata, a final judgment on the merits in a prior action precludes a second 
suit based on the same cause of action between the same parties. IcL, 428 S.E.2d 157 (1993); 
Thomas M, Mclnnis & Assoc, Inc. v, HaU, 318 N.C. 421, 349 S.E.2d 552 (1986). 

4. In part because the doctrine's dual purposes are to protect litigants from the burden of relitigating 
previously decided matters and to promote judicial economy by preventing unnecessary litigation, 
Bockweg , 333 N.C. at 491, 428 S.E.2d at 161, the doctrine bars not only relitigation of matters 
determined in the prior proceeding, but also '"all material and relevant matters within the scope of 
the pleadings, which the parties, in the exercise of reasonable diligence could and should have brought 
forward.'" Ballance \\ Dunn , 96 N.C. App. 286, 290, 385 S.E.2d 522, 524 (1989) (quoting Bruton 
y, Carolina Power & Light Co. , 217 N.C. 1, 7, 6 S.E.2d 822, 826 (1940)); Mclnnis , 318 N.C. at 
428, 349 S.E.2d at 556. If an issue was within the scope of the pleadings and could have been 
adjudicated, that issue is precluded from a subsequent lawsuit. Angel y^ Bullington , 330 U.S. 183, 
67 S.Ct. 657, 91 L.Ed. 2d 832 (1947). 

5. There can be no dispute about the fact that Petitioner attempts to pursue a retaliation claim in this 
proceeding. 

6. There can be no dispute about the fact that there have been final judgments on the merits in prior 
actions between Petitioner and Respondent. 

7. And there can be no genuine dispute about the fact that, in a final judgment in one of those prior 
actions, the Court of Appeals wrote that Petitioner's retaliation claim 

could and should have been brought in her federal suit .... We find that 
the doctrine of res judicata operates to bar plaintiff's claim in state court. 

Locus y^ Fayetteville State University, et ak, Slip op. at 18-19. 

8. In sum, the Court of Appeals' decision is a final judgment, on the merits, of Petitioner's claim of 
retaliation against Respondent. As a result, that decision operates as res judicata in this case, it bars 
Petitioner's retaliation claim in this proceeding, and Respondent is entitled to judgment as a matter 
of law. 

Based on the foregoing Findings of Fact and Conclusions of Law, the Administrative Law Judge 
makes the following: 



1502 NORTH CAROLINA REGISTER December 15, 1994 9:18 



CONTESTED CASE DECISIONS 



RECOMMENDED DECISION 

The petition should be dismissed and Respondent's Motion for Summary Judgment granted. 

ORDER 

It is hereby ordered that the agency serve a copy of the Final Decision on the Office of Administrative 
learings, P.O. Drawer 27447, Raleigh, N.C. 27611-7447, in accordance with N.C. Gen. Stat. § 150B-36(b). 

NOTICE 

Before the Commission makes the Final Decision, it is required by N.C. Gen. Stat. § 150B-36(a) to 
ive each party an opportunity to file exceptions to this recommended decision, and to present written 
irguments to those in the agency who will make the final decision. 

The agency is required by N.C. Gen. Stat. § 150B-36(b) to serve a copy of the Final Decision on all 
sarties and to furnish a copy to the Parties' attorney of record. 



This the 18th day of November, 1994. 



Fred G. Morrison, Jr. 

Senior Administrative Law Judge 



9:18 NORTH CAROLINA REGISTER December 15, 1994 1503 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 
COUNTY OF WAKE 



IN THE OFFICE OF 

ADMINISTRATIVE HEARINGS 

94 OSP 0502 






JEAN WILLIAMS, 
Petitioner, 



NORTH CAROLINA DEPARTMENT OF 
TRANSPORTATION, 
Respondent, 



RECOMMENDED DECISION 



The appeal of Jean Williams, an employee of the North Carolina Department of Transportation, was 
heard by Fred Gilbert Morrison Jr., Senior Administrative Law Judge, Office of Administrative Hearings, 
on September 12, 1994, in Raleigh, North Carolina. 



APPEARANCES 



FOR THE PETITIONER: 



FOR THE RESPONDENT: 



John C. Hunter 

Attorney at Law 

Post Office Box 28 

Raleigh, North Carolina 27602 

Robert O. Crawford, III 

Associate Attorney General 

N.C. Department of Justice 

Post Office Box 629 

Raleigh, North Carolina 27602-0629 



ISSUE 

Whether Petitioner was denied a promotion from the position of Clerk II (Paygrade 54) to the position 
of Ferry Operation Supervisor (Pamlico River - Position #07704, Paygrade 63) by Respondent's failure to 
afford her priority consideration as a current state employee in violation of G.S. 126-7. 1(c). 

OPINION OF THE ADMINISTRATIVE LAW JUDGE 

From the official documents in the file, the exhibits admitted into evidence, sworn depositions and 
hearing testimony of the witnesses, and other competent and admissible evidence, the Administrative Law 
Judge makes the following findings of fact: 

STIPULATED BACKGROUND FACTS 

1 . Respondent posted vacancies for four Ferry Operation Supervisor positions from September 9 through 
September 15, 1993. Two of the positions were assigned to the Hatteras operations (Dare County). 
The third and fourth positions were assigned to the Pamlico River operation (Beaufort County) and 
the Cedar Island operation (Carteret County). 

2. Petitioner submitted an application dated September 10, 1993, in which she applied for the Pamlico 
River opening. This application indicated that she was willing to work in Hyde, Beaufort, and 
Carteret counties. At that time, Petitioner was a career State employee, serving in the position of 



1504 



NORTH CAROLINA REGISTER 



December 15, 1994 



9:18 



CONTESTED CASE DECISIONS 



Clerk II in the Ferry Division's Swan Quarter facility. 

On September 22, 1993, Petitioner was interviewed by Jerry Gaskill, the Director of the Ferry 
Division. Also present during the interview was Connie Noe, a Personnel Technician II in the Ferry 
Division. Petitioner was interviewed for both the Pamlico River and Cedar Island positions. 

From October 14, 1993, through October 22, 1993, Respondent re-posted the Hatteras positions and 
the Pamlico River position. On October 21, 1993, Petitioner submitted another application for the 
Pamlico River position. This application indicated a willingness to work in Hyde and Beaufort 
counties. 

By letter dated November 9, 1993, Mr. Gaskill advised Petitioner that another applicant had been 
selected for the position of Ferry Operation Supervisor at Cedar Island. 

By letter dated March 15, 1994, Mr. Gaskill advised Petitioner that another applicant had been 
selected for the position of Ferry Operation Supervisor at Pamlico River. 

ADJUDICATED FACTS 

The vacancy posting for the Ferry Operation Supervisor positions stated that the position required 
supervisory and administrative work in directing ferry installation services. The supervisor directs 
subordinate personnel in the operation and maintenance of ferries, docks, ramps, and other related 
equipment. The work involves maintaining positive public relations. The job also involves budgetary 
and administrative duties under the supervision of the ferry superintendent. 

The minimum qualifications for the position were a high school graduate, two years experience in 
ferry operations and maintenance, and demonstrated ability to perform clerical and administrative 
work; four years of progressive clerical experience; or an equivalent combination of education and 
experience. 

Mr. Forrest's Qualifications 

Roger Forrest was a graduate of Vanceboro High School. In 1988, he took an insurance licensure 
course at Edgecombe Community College and a real estate licensure course at Craven Community 
College. 

Mr. Forrest was a self-employed family farmer from 1960 to the present. He had farmed over 1,000 
acres and was currently farming approximately 150 acres. Mr. Forrest was an Agricultural 
Stabilization and Conservation Services (ASCS) committeeman and oversaw federal farm programs 
in Craven County. He had been selected "Farm Family of the Year" and won other agricultural 
production awards. 

11. Mr. Forrest had been actively involved in the civic affairs of New Bern and Craven County for many 
years. He was a member and chairman of the Craven County Board of Social Services where he 
helped make and carry out federal policy. He was twice elected to the Craven County Board of 
Education and was the first chairman of the merged New Bern-Craven County Board of Education. 
During the merger of the new systems, he monitored the daily operations of the new system until a 
permanent superintendent was hired. Mr. Forrest was also twice elected to the Craven County Board 
of Commissioners and served for eight years. As a county commissioner, Mr. Forrest served on 
numerous other boards, such as the Swiss Bear board, the N.C. Railroad board, the library board, 
the Tryon Palace Commission, the Neuse River Developmental Authority, and the Craven County 
Industrial Committee. Mr. Forrest also founded and organized the Neuse River Council on Aging. 

12. Through his farm management experience and civic involvement, Mr. Forrest became familiar with 
multi-million dollar budgets and the selection and use of computers in governmental agencies. He 



9:18 NORTH CAROLINA REGISTER December 15, 1994 1505 



CONTESTED CASE DECISIONS 



developed administrative and supervisory skills and was adept at public relations. 

13. In April or May of 1993, Mr. Forrest applied for a supervisory position with the Ferry Division. 
Effective May 26, 1993, he was hired on a temporary basis as a Clerk IV to act as the Ferry 
Operation Supervisor at Pamlico River. Mr. Forrest was a conscientious and hard worker and 
improved employee morale at Pamlico River. 

Petitioner's Qualifications 

14. Jean Williams is a graduate of West Hyde High School. She has taken courses at Beaufort County 
Community College. In 1988, Petitioner took two courses entitled "Computer Understanding" for 
a total of 60 contact hours and 6.0 continuing education units. 

15. Petitioner has many years of experience in the Ferry Division. From 1977 to 1983, she was a Clerk 
I-II at Swan Quarter. From 1987 to 1989, she was a Clerk II at Ocracoke. From 1989 to 1990, she 
was the Ferry Operation Supervisor at Ocracoke. From 1990 to 1993, she was the Ferry Operation 
Supervisor and Clerk V acting as Operation Supervisor at Swan Quarter. In July 1993, she was 
reallocated down to a Clerk II at Swan Quarter when the previous supervisor was transferred back 
to that operation. She grieved the personnel action and reached a settlement with the Respondent. 
Prior to being reallocated. Petitioner had not been the subject of an adverse personnel action. 

The Selection Process 

16. The selection process for the position of Ferry Operation Supervisor began with the posting of the 
notice of vacancy between September 9, 1993, and September 15, 1993. This was an "internal 
posting only." In addition to Petitioner and Mr. Forrest, one other person applied for the position. 
Mr. Gaskill interviewed Mr. Forrest on September 20 and Petitioner on September 22. Connie Noe 
was present during the interviews. 

17. During her interview with Mr. Gaskill, Petitioner stated that she was not familiar with preparing a 
budget and was not experienced in working with computers. Mr. Gaskill understood her to say that 
she had taken a "two-day course" on computers. Petitioner believed that she stated during her 
interview that she had taken "two courses" on computers. Petitioner asked Mr. Gaskill whether the 
State of North Carolina would be willing to send her to school to receive training on computers and 
budgetary matters. Petitioner also stated that she did not possess all the qualifications required of the 
position, but was willing to learn if given the time and opportunity. 

18. During his interview with Mr. Gaskill, Mr. Forrest discussed his background and community service 
experience. He also discussed his knowledge of computers and multi-million dollar budgets. He had 
no prior experience in ferry work and did not possess any formal training in the area of computer 
operation. He stated he had used computers in his farm business. 

19. Following the interviews, Ms. Noe prepared summaries of the interviews and Mr. Gaskill's 
comments. 

20. Mr. Gaskill did not receive the number of applications he had expected for the Ferry Operation 
Supervisor positions. Therefore, the positions were re-posted without internal limitation from October 
14, 1993, through October 22, 1993. No additional persons applied for the position at Pamlico River. 

21 . Mr. Gaskill's selection of Mr. Forrest for the position of Ferry Operation Supervisor at Pamlico River 
was approved effective in December 1993. 

22. Jerry Gaskill was appointed Director of the Ferry Division in March 1993. His stated goal was to 
change the image of the division. He wanted to reduce costs by operating in a business-like manner, 
to increase employee morale, and to adopt a customer service orientation. 



1506 NORTH CAROLINA REGISTER December 15, 1994 9:18 



CONTESTED CASE DECISIONS 



During the first several months after his appointment, Mr. Gaskill travelled throughout the division, 
talking with employees and analyzing operations. Mr. Gaskill found that employee morale was the 
lowest at Pamlico River and that the 22 employees were on the verge of "mutiny" against the 
supervisor. 

!4. Mr. Gaskill sought and obtained the elimination of the temporary position of "Port Captain" which 
he believed was an unnecessary layer of supervision. The duties of the Port Captain would be 
returned to the Ferry Operation Supervisor whose position would be upgraded from a Clerical 
Supervisor IV or V. 

15. Mr. Gaskill further sought to make the Ferry Operation Supervisor responsible for developing and 
managing the budget for the facility. His vision was for each of the supervisors to be more of a 
"proactive manager" than a "reactive supervisor." The Ferry Division began working on a new job 
description for the position which would be known as Ferry Terminal Manager. No details of the 
Pamlico River budget were presented. 

26. At the time of the vacancy posting, the Ferry Division was in the process of obtaining a division-wide 
computer system that would automate many of the planning, scheduling, budgeting, and reservation 
systems. Mr. Forrest testified that there were no computers or fax machines at the Pamlico River 
facility, only a phone and copier. 

27. Mr. Gaskill expected those persons selected as Ferry Operation Supervisor to be able to effectively 
manage personnel and interact and communicate with the public, to be responsible and accountable 
for the facility's budget, to handle long-range planning duties of the facility and its vessels, and to 
be knowledgeable about computers and computer systems. 

28. Mr. Gaskill had spoken with three persons in the Ferry Division about Petitioner's qualifications for 
the position of Ferry Operation Supervisor and was advised that she had been ineffective in managing 
subordinate personnel as a supervisor. None of the alleged job performance inadequacies were, 
however, documented or substantiated, nor were they reflected in any manner in Petitioner's 
performance reviews. 

Factual Findings as to Qualifications of Both A pplicants 

29. Petitioner meets the minimum job requirements and is qualified for the Pamlico River position of 
Ferry Operation Supervisor. 

30. Mr. Forrest meets the minimum job requirements and is qualified for the Pamlico River position of 
Ferry Operation Supervisor. 

31. Pamlico River is one of the smallest of our ferry operations and both applicants could adequately 
perform the duties of Ferry Operation Supervisor at that location in view of their prior experiences. 

Based on the foregoing Findings of Fact, the Administrative Law Judge makes the following: 

CONCLUSIONS 

Petitioner was a career State employee at the time she was denied a promotion. Because she has 
alleged that Respondent failed to give her priority, the Office of Administrative Hearings has 
jurisdiction to hear her appeal and issue a recommendation to the State Personnel Commission which 
shall make the final decision in this matter. G.S. 126-36.2, 126-37, 126-39, 150B-36, and 126- 
7.1(c). 

Although he had been employed by the State under a temporary appointment for approximately seven 
(7) months at the time of this employment decision, G.R. Forrest was not a career State employee 



9:18 NORTH CAROLINA REGISTER December 15, 1994 1507 



CONTESTED CASE DECISIONS 



as defined by the State Personnel Act. 

3. 25 NCAC 01 H .0625(a) provides: 

A promotional priority consideration shall be provided by all agencies to all current State employees 
who have achieved permanent status, as that term is defined in G.S. 126-39. 

4. G.S. 126-39 provides: 

Except for positions subject to competitive service and except for appeals brought under G.S. 126-16, 
126-25, and 126-36, this Article applies to all State employees who are career State employees at the 
time of the act, grievance, or employment practice complained of. 

5. It is my conclusion that the General Assembly intended for a career State employee to have priority 
consideration over temporary employees, such as Mr. Forrest, who are not under the Teachers' and 
State Employees' Retirement System. 

6. Where failure to give priority to a career State employee is an issue, Petitioner bears the burden of 
persuasion. It is concluded that she has met this burden by showing that her qualifications for the 
position are substantially equal to those of Mr. Forrest, the successful applicant. 

7. Respondent violated G.S. 126-7. 1(c) by not providing priority consideration to Petitioner for the 
position of Ferry Operation Supervisor. 

Based on the foregoing Findings of Fact and Conclusions, the Administrative Law Judge makes the 
following: 

RECOMMENDED DECISION 

Petitioner be promoted to the next available Ferry Operation Supervisor position, or its equivalent, 
in Beaufort, Carteret, or Hyde Counties, with back pay, front pay, other benefits, and attorney's fees. 

ORDER 

It is hereby ordered that the agency serve a copy of the final decision on the Office of Administrative 
Hearings, P.O. Drawer 27447, Raleigh, N.C. 2761 1-7447, in accordance with North Carolina General Statute 
l50B-36(b). 

NOTICE 

The agency making the final decision in this contested case is required to give each party an 
opportunity to file exceptions to this recommended decision and to present written arguments to those in the 
agency who will make the final decision. G.S. 150B-36(a). 

The agency is required by G.S. 150B-36(b) to serve a copy of the final decision on all parties and to 
furnish a copy to the parties' attorney of record and to die Office of Administrative Hearings. 

The agency that will make the final decision in this contested case is the State Personnel Commission. 
This the 22nd day of November, 1994. 



' 



Fred G. Morrison Jr. 

Senior Administrative Law Judge 



1508 NORTH CAROLINA REGISTER December 15, 1994 9:18 



NORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM 



J. he North Carolina Administrative Code (NCAC) has four major subdivisions of rules. Two of these, 
titles and chapters, are mandatory. The major subdivision of the NCAC is the title. Each major 
department in the North Carolina executive branch of government has been assigned a title number. 
Titles are further broken down into chapters which shall be numerical in order. The other two, 
subchapters and sections are optional subdivisions to be used by agencies when appropriate. 



TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE 



TELE DEPARTMENT 



LICENSING BOARDS 



CHAPTER 



1 


Administration 


Acupuncture 


1 


2 


Agriculture 


Architecture 


2 


3 


Auditor 


Auctioneers 


4 


4 


Commerce 


Barber Examiners 


6 


5 


Correction 


Certified Public Accountant Examiners 


8 


6 


Council of State 


Chiropractic Examiners 


10 


7 


Cultural Resources 


General Contractors 


12 


8 


Elections 


Cosmetic Art Examiners 


14 


9 


Governor 


Dental Examiners 


16 


10 


Human Resources 


Dietetics/Nutrition 


17 


11 


Insurance 


Electrical Contractors 


18 


12 


Justice 


Electrolysis 


19 


1 13 


Labor 


Foresters 


20 


j 14A 


Crime Control & Public Safety 


Geologists 


21 


15A 


Environment, Health, and Natural 


Hearing Aid Dealers and Fitters 


22 




Resources 


Landscape Architects 


26 


16 


Public Education 


Landscape Contractors 


28 


17 


Revenue 


Marital and Family Therapy 


31 


18 


Secretary of State 


Medical Examiners 


32 


19A 


Transportation 


Midwifery Joint Committee 


33 


20 


Treasurer 


Mortuary Science 


34 


*21 


Occupational Licensing Boards 


Nursing 


36 


22 


Administrative Procedures 


Nursing Home Administrators 


37 


23 


Community Colleges 


Occupational Therapists 


38 


24 


Independent Agencies 


Opticians 


40 


25 


State Personnel 


Optometry 


42 


26 


Administrative Hearings 


Osteopathic Examination & Reg. (Repealed) 


44 






Pharmacy 


46 






Physical Therapy Examiners 


48 






Plumbing, Heating & Fire Sprinkler Contractors 


50 






Podiatry Examiners 


52 






Professional Counselors 


53 






Practicing Psychologists 


54 






Professional Engineers & Land Surveyors 


56 






Real Estate Appraisal Board 


57 






Real Estate Commission 


58 






Refrigeration Examiners 


60 






Sanitarian Examiners 


62 






Social Work Certification 


63 






Speech & Language Pathologists & Audiologists 


64 






Therapeutic Recreation Certification 


65 






Veterinary Medical Board 


66 



Note: Title 21 contains the chapters of the various occupational licensing boards. 



9:18 



NORTH CAROLINA REGISTER 



December 15, 1994 



1509 



CUMULATIVE INDEX 



CUMULATIVE INDEX 

(April 1994 - March 1995) 

Pages Issue 

1 - 75 1 - April 

76 - 122 2 - April 

123 - 226 3 - May 

227 - 305 4 - May 

306 - 348 5 - June 

349 - 411 6 - June 

412 - 503 7 - July 

504 - 587 8 - July 

588 - 666 9 - August 

667 - 779 10 - August 

780 - 876 11 - September 

877 - 956 12 - September 

957 - 1062 13 - October 

1063 - 1151 14 - October 

1152 - 1241 15 - November 

1242 - 1339 16 - November 

1340 - 1392 17 - December 

1393 - 1512 18 - December 



Unless otherwise identified, page references in this Index are to proposed rules. 



ADMINISTRATION 

State Employees Combined Campaign, 878 

AGRICULTURE 

Plant Industry, 127, 1245 

COMMERCE 

Alcoholic Beverage Control Commission, 423 
Banking Commission, 884 
Community Assistance, 1394 
Energy Division, 4 

COMMUNITY COLLEGES 

Community Colleges, 1305 

CORRECTION 

Prisons, Division of, 1157 

CRIME CONTROL AND PUBLIC SAFETY 

State Highway Patrol, Division of, 243 

CULTURAL RESOURCES 

Arts Council, 960 



1510 NORTH CAROLINA REGISTER December 15, 1994 9:18 



CUMULATIVE INDEX 



ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 

Coastal Management, 443, 825, 1185, 1283, 1427 

DEM/ Air Quality, 80, 805 

Departmental Rules, 254 

Environmental Management, 81, 258, 352, 616, 959, 1261, 1348, 1405 

Health Services, 323, 370, 445, 834, 913, 1000, 1112 

Marine Fisheries Commission, 820, 989, 1109, 1244 

Mining Commission, 442 

NPDES Permit, 3, 232 

Parks and Recreation, 1194 

Radiation Protection Commission, 678 

Soil and Water Conservation, 1371 

Solid Waste Management, 171, 364, 1287 

Water Resources, 165, 255 

Wildlife Resources Commission, 38, 42, 84, 358, 830, 910, 999, 1285, 1427 

Wildlife Resources Commission Proclamation, 125 

FINAL DECISION LETTERS 

Voting Rights Act, 2, 312, 506, 594, 958, 1243, 1340, 1393 

GENERAL STATUTES 

Chapter 150B, 780 

GOVERNOR/LT. GOVERNOR 

Executive Orders, 1, 123, 227, 306, 349, 412, 504, 588, 667, 877, 957, 1152, 1242 

HUMAN RESOURCES 

Child Day Care Commission, 10 

Children's Services, 136 

Day Care Rules, 148 

Departmental Rules, 668 

Facility Services, 4, 128, 423, 509, 668, 890, 1341 

Medical Assistance, 318, 440, 513, 597, 964, 1155, 1247 

Medical Care, 1161 

Mental Health, Developmental Disabilities and Substance Abuse Services, 13, 24, 36, 313, 430, 961, 

1063 
Social Services, 136, 595, 802, 1167, 1343 
Vocational Rehabilitation Services, 434 

INDEPENDENT AGENCIES 

State Health Plan Purchasing Alliance Board, 99, 1030 

INSURANCE 

Actuarial Services Division, 1072, 1257 

Agent Services Division, 1065 

Departmental Rules, 891 

Financial Evaluation Division, 892 

Life and Health Division, 525, 905, 1071, 1255 

Medical Database Commission, 605 

Multiple Employer Welfare Arrangements, 76 

Property and Casualty Division, 892 

Special Services Division, 76 

JUSTICE 

Alarm Systems Licensing Board, 351, 614, 804, 1175 



9:18 NORTH CAROLINA REGISTER December 15, 1994 1511 



CUMULATIVE INDEX 



CriminaJ Justice Education and Training Standards Commission, 149, 981 
Private Protective Services, 802, 1174, 1400 

Sheriffs' Education & Training Standards Commission, 670, 986, 1075 
State Bureau of Investigation, 234, 530 

LABOR 

Boiler and Pressure Vessel, 1076 
Mine and Quarry Division, 239 
OSHA, 77, 160, 675, 906, 1258, 1401 
Private Personnel Services, 1176 
Variance, 230 

LICENSING BOARDS 

Acupuncture Licensing Board, 44 

Auctioneers Licensing Board, 836 

Barber Examiners, 563 

Chiropractic Examiners, 376 

Cosmetic Art Examiners, 280, 1027 

Dietetics/Nutrition, 1 1 15 

Electrical Contractors Examiners, 1199 

Electrolysis Examiners, 1204 

Landscape Architects, Board of, 95 

Medical Examiners, 192, 565, 1119, 1206 

Mortuary Science, 720, 1120 

Nursing, Board of, 45, 724, 1209 

Opticians, Board of, 845 

Optometry, Board of Examiners, 194 

Physical Therapy Examiners, 566 

Plumbing, Heating and Fire Sprinkler Contractors, Board of, 96, 725 

Practicing Psychologists, Board of, 97 

Professional Counselors, Board of Licensed, 50 

Professional Engineers and Land Surveyors, 728, 924 

Sanitarian Examiners, 730 

LIST OF RULES CODIFIED 

List of Rules Codified, 53, 196, 281, 378, 635, 742, 926, 1041, 1306, 1480 

PUBLIC EDUCATION 

Elementary and Secondary Education, 375, 540, 920, 1197 

SECRETARY OF STATE 

Land Records Management Division, 712 
Notary Public Division, 1112 
Securities Division, 476, 616, 709 

STATE PERSONNEL 

Office of State Personnel, 477, 847, 1214 

TAX REVIEW BOARD 

Orders of Tax Review, 415 

TRANSPORTATION 

Administration, Director of, 1478 

Highways, Division of, 85, 718, 923, 1114, 1300 

Motor Vehicles, Division of, 89, 276, 542 



1512 NORTH CAROLINA REGISTER December 15, 1994 9:18 



NORTH CAROLINA ADMINISTRATIVE CODE 



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